Chapter XII: Treaties and customary international law
Multilateral conventions or a series of bilateral treaties on the same subject matter are not legal acts isolated from customary international law (CIL). Both entertain several interrelations. The conduct of States in concluding treaties and in deciding on their content is a form of State practice; and the content of the rules adopted reflects a view on what the law should be (opinio juris). Both therefore have some impact on CIL. In legal doctrine, three main forms of interaction are distinguished: (i) a treaty can be declaratory of CIL (codification); (ii) a treaty can be constitutive of new rules of CIL (progressive development of the law); (iii) a treaty can crystallize a customary law process. It stands to reason that in most cases a treaty will contain provisions of different type, some based on codification, others on progressive development; some reflecting CIL, others hoping to produce new CIL.
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