Power or the real politick of international law can explain why the legality of actions is so needed if countries are going to relate to each other with out conflict. States do not act on altruistic notions alone, it is a combination of community values and economic want that spurs most states on the path of Human Rights acceptance. Thus it is imperative that legal scholars widen their net of control factors when deciding whether or not all human rights have passed into the realm of customary law. Without a wide consideration of the factors, the international legal community creates a false consciousness for states that are relying on custom to be legitimate for any given purpose.
Without legitimacy, states have no bases for their actions; leaving States' actions as unrecognizable and erratic, slowing down our process of creating Human Rights norms. Like any society, States need the comfort of knowing what can and should not be done for any given occasion. This comfort comes from norms that have out lasted the 'right processes' and come out as stabilizing factors in society.
Lacey Glencoragh Loftin
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