International Treaties And Customary Law

Summary

International treaties can either codify or crystallize customary international law. Codification involves formally documenting practices already accepted as law by states, while crystallization solidifies emerging practices that are gaining recognition as law but are not yet fully established. This process involves consistent state practice and the belief that such practice is legally obligatory (opinio juris). Understanding these distinctions can help in analyzing how treaties influence international legal norms.

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what is the difference if treaties can codify pre-existing customary international law and crystalise a rule of customary internaitonal law
The difference lies in the stage of development of the customary law:
- Codification: Treaties codify pre-existing customary international law by formally documenting practices already accepted as law by states.
- Crystallisation: Treaties crystallise a rule of customary international law by solidifying emerging practices that are gaining recognition as law, but aren't yet fully established.
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