CYIL vol. 8 (2017)

CYIL 8 ȍ2017Ȏ THE IMPORTANCE OF CUSTOMARY LAW FOR THE CODIFICATION OF THE LAW … codification convention at the diplomatic conference express their refusal of the customary norms being included in the convention at the same time. 47 To sum up, we can conclude that despite the growing relevance of treaties, customary law still possesses an indispensable position in public international law as a normative system, notwithstanding the gradual changes in the process of emergence and amendment of customary rules. The most significant reason for this statement is the lack of binding treaty regulation in several international law branches with crucial importance (e.g. the complex of secondary norms of international responsibility). This article has also brought a survey of accessible sources from doctrine and case law to support the idea that the codified rules on treaty interpretation present an expression of the earlier binding customs.

47 SEIDL-HOHENVELDERN, Ignaz, Mezinárodní právo veřejné (Public International Law) , ASPI – Wolters Kluwer, 3rd ed., Prague, 2006, p. 102.

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