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However, to determine whether such a rule is customary or not, it is quite complicated and obvious, because customary law does not have a written law, thereby making a lack of evidence to demonstrate the presence or apparent of the law. The international tradition, therefore, in considering the occurrence of international customary law, it is necessary to consider the two elements above, including relying on the arbitration judgment of the International Court and the opinion of international lawyers, as an addition to the international customary elements that international lawyers have accepted. There are the following elements. 1. General Practice 2. Regular practice in the same form. 3. Period of 4. The belief that practice is accurate should be recognised as legal. When Precautionary Principle is widely recognized as the fundamental principle in environmental protection both at national and international levels. Therefore, scholars have seen that such principles have an international customary status that is bound to every state.
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