...Organizations, 1986, UN Doc. A/Conf. 129/15 (1986). According to Art. 38 of the Convention, nothing precludes a rule set forth in a treaty from becoming binding upon "a third state or a third organization as a customary rule of international law, recognized as such." 29. In the case...

...their constitutive stripes and acquire a declaratory nature. Article 38 of the Vienna Convention reads: "Nothing in Articles 34 to 37 precludes a rule set...third State as a customary rule of international law, recognized as such." 60 Of course, as the International Law Commission pointed out, this is 57. RR...

...Hague Recueil (1990-IV) pp. 9-302. 13 According to article 38, a rule set forth in a treaty may become binding upon a third State as a customary rule of international law, if it is recognised as such. Marine Spaces Under the Sovereignty of the Coastal State INTERNAL WATERS...

...agreed. ARTICLE 38 RULES IN A TREATY BECOMING BINDING ON THIRD STATES THROUGH INTERNATIONAL CUSTOM Nothing in articles 34 to 37 precludes a rule set...third State as a customary rule of international law, recognized as such. PART IV AMENDMENT AND MODIFICATION OF TREATIES ARTICLE 39 GENERAL RULE REGARDING...

...consensual approach is nevertheless balanced in the 1969 Convention by its Article 38, which provides that: "Nothing in Articles 34 to 37 precludes a rule set...third State as a customary rule of international law, recognized as such. " We have already dealt with conventions on codification and progressive development...

...points to another possibility, however. According to Article 38, nothing in the preceding articles "precludes a rule set forth in a treaty from becoming...third State as a customary rule of international law, recognised as such". There is a wide body of opinion suggesting that at least the main principles of...

..."Article 34 Rules in a treaty becoming binding through international custom. Nothing in Articles 30 to 33 precludes a rule set forth in a treaty from becoming...a third State as a customary rule of international law."4 257 At the 7969 Vienna Conference on the Law of Treaties, Article 34 was adopted by 87 votes...

...Rules in a treaty becoming binding on third States or third organizations through international custom 211 Pollution from vessels 1. States, acting through...competent international organization or general di or a third organization as a customary rule of international law, recognized as such. 24 Suppl IA6.ld...

...third state. Article 38 Rules in a treaty becoming binding on third states through international custom or pipelines or resulting from the exploitation and...taking account of existing treaty provisions on the s recognised as such. PART IV AMENDMENT AND MODIFICATION OF TREATIES Article 39 General rules regarding...

...norms enunciated in a treaty. Article 38 of the 1969 Convention on treaties and third states provides: "[n]othing in articles 34 to 37 precludes a rule set forth in a treaty from becoming binding on a third State as a customary rule of international law, recognized as such". This is followed by...