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Attempts to codify customary international law picked up momentum after the Second World War with the formation of the International Law Commission (ILC), under the aegis of the United Nations.

Codified customary law is made the binding interpretation of the underlying custom by agreement through treaty.

The modern study of international law starts in the early 19th century, but its origins go back at least to the 16th century, and Alberico Gentili, Francisco de Vitoria and Hugo Grotius, the "fathers of international law." Several legal systems developed in Europe, including the codified systems of continental European states and English common law, based on decisions by judges and not by written codes.

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International law is sourced from decision makers and researchers looking to verify the substantive legal rule governing a legal dispute or academic discourse.National law may become international law when treaties delegate national jurisdiction to supranational tribunals such as the European Court of Human Rights or the International Criminal Court.Treaties such as the Geneva Conventions may require national law to conform to respective parts.The sources have been influenced by a range of political and legal theories.During the 20th century, it was recognized by legal positivists that a sovereign state could limit its authority to act by consenting to an agreement according to the principle pacta sunt servanda.

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