21. Further, those provisions are considered customary international law . 22. It addressed'. . . whether Trident or a likely replacement to Trident breaches customary international law ' 23. The Convention codifies the declarative theory of statehood as accepted as part of customary international law . 24. There is some debate on what the status of crimes against humanity under customary international law is. 25. Questions not expressly regulated by the Convention continue to be governed by the rules of customary international law . 26. At the same time, all countries take part in forming customary international law by their practices and decisions. 27. Other examples accepted or claimed as customary international law include the principle of non-refoulement and heads of state. 28. Transnational crimes may also be crimes of customary international law or international crimes when committed in certain circumstances. 29. Nevertheless, diplomatic protection has been recognized as customary international law by international courts and tribunals as well as scholars. 30. An evolution of the positivist approach of Grotius, the concept of consent is an element of customary international law .
