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Vol 23 No 5 May/June 2018

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Customary International Law and Treatises 2nd ed

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ISBN13: 9789041104588
ISBN: 9041104585
Published: December 1997
Publisher: Brill Academic Publishers
Format: Hardback
Price: Out of print

States often regard themselves as bound by treaty rules which have developed under customary international law, even though many of the treaties themselves have not been ratified. The Law of the Sea Convention, for instance, has generated new customary rules which modified the 1958 Geneva Conventions.;These and other issues are dealt with systematically in this handbook on the relations between written and unwritten international law. It contains tables of treaties, statutes and ""travaux preparaties"" and tables of cases.

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A modern theory of customary international law; the factual framework - codification in past and present; codification and progressive development of international law (jus scriptum); methods of codification - codes, resolutions and conventions; effects of a convention on pre-existing customary international law; generation of new customary international law; modification of conventional rules by subsequent customary law; identification of the declaratory quality of conventional rules; effects of the declaratory nature of conventional rules.