Consent and the Creation of International Law
|international conventions, whether general or particular, establishing rules expressly recognized by the contesting states;|
|international custom, as evidence of a general practice accepted as law;|
|the general principles of law recognized by civilized nations . . .1|
These "positive law tests"2 of Article 38 appear to reflect the view that all rules of international law are created by the consent of states. In the case of conventions, Article 38 requires express recognition by the con
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Publication information: Book title: Beyond Confrontation:International Law for the Post-Cold War Era. Contributors: Lori Fisler Damrosch - Editor, Gennady M. Danilenko - Editor, Rein Mullerson - Editor. Publisher: Westview Press. Place of publication: Boulder, CO. Publication year: 1995. Page number: 23.
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