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Issues Of Customary International Law

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Chapter Summary

This chapter complements the commentaries on various convention provisions and employs the notion of &t;declaratory&t; rather than &t;codificatory&t; rules. Provisions on customary law in the convention and in international law commission (ILC) drafts. A number of convention provisions refer directly or indirectly to, or have 49 implications for, customary law: the seventh preamble paragraph refers to &t;codification and progressive development achieved in the present convention&t; (N. 20; see Preamble, N. 14-15); and the eighth preamble paragraph &t;[affirms] that the rules of customary international law will continue to govern questions not regulated by the provisions of the present convention&t;. These provisions, concerning customary law rather than the law of treaties, are actually silent on the prerequisites for the formation and continuing validity of customary law.

Keywords: codificatory rules; convention; customary international law; declaratory rules; law of treaties



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