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"Custom in its legal sense means something more than mere habit or usage; it is a usage felt by those who follow it as obligatory. There must be a feeling that if the usage is not followed some sort of adverse consequence will probably, or at any rate ought to, fall on the transgressor. In technical language there must be a possible ‘sanction’, though the exact nature of this need not be very distinctly envisaged. Evidence that a custom in this sense exists in the international sphere can be found only by examining the practice of states."
"[W]e must look at what states actually do in their relations with one another, and attempt to understand why they do it, and in particular whether they recognize an obligation to adopt a certain course."
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