The Effectiveness of Customary International Law: Stephen Lushington and the Trent Affair

In this article, the author investigates the historical and legal impact of the Trent Affair on customary international law. The article explores how Stephen Lushington’s legal reasoning and decisions shaped the application and interpretation of customary norms during the incident. The author evaluates the strengths and weaknesses of customary law in addressing international conflicts, as revealed by this significant case. By examining Lushington’s contributions and the broader consequences of the Trent Affair, the author highlights the evolving nature of international legal standards. The study ultimately suggests a need to reassess the application of customary law in modern international contexts.