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Customary International Law
Max Planck Encyclopedia of Public International Law [MPEPIL]

Customary International Law

Tullio Treves

Subject(s):
Customary international law — State practice — Opinio juris — Codification — Soft law — Judicial decisions — General principles of international law — Responsibility of international organizations — Membership of international organizations — Treaties, effect for third states — Vienna Convention on the Law of Treaties — State succession, international agreements

Published under the auspices of the Max Planck Foundation for International Peace and the Rule of Law under the direction of Rüdiger Wolfrum.

1 The expression ‘customary international law’ concerns, on the one hand, the process through which certain rules of international law are formed, and, on the other, the rules formed through such a process. While these rules are not necessarily general in scope, all existing general rules of international law are customary (see paras 35–40 below; see also General International Law [Principles, Rules and Standards] ). 2 Even though language is necessary to communicate their content, expression through language is not an indispensable element of customary...
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