International custom as a source of International Law, its incorpora-tion into Chilean domestic law, comparative information and con-siderations on its constitutional regulation

Abstract

Custom and its basic characteristics as a source of International Law are analyzed, how it is incorporated into the national legal system in the absence of a positive constitutional norm, considering the jurisprudence of the Chilean courts. Likewise, the comparative information of the constitutions that regulate the incorporation of international customary law into internal law in European constitutionalism and the regulation of its normative force are considered, finally, the constitutional rules that could regulate the incorporation of international customary law and its normative force in our legal system.