ABSTRACT
Treaties used to be the most readily identifiable element of international law. A treaty had identifiable parties and, with rare and easily recognized exceptions, it created rights and obligations only upon those States parties, which had voluntarily subscribed to it by whatever mode, or modes, were provided. The identification of custom used to be a comfortable and reasonably secure process. Large and important areas of international customary law have thus become written law. Article 38(c) of the Court's Statute, which refers to the general principles of law recognized by civilized nations, is enigmatic; and that is the last thing a source of law should be. Certainly judicial decisions must become even more important in direct ratio with the quantity and contradictory nature of modern material evidences of law. The transference of negotiating text into treaty text will be yet another moment of truth for the whole exercise.
