ABSTRACT
With the overarching goal of maintaining international peace and security, diplomacy and international law are in a symbiotic relationship. The practice of diplomacy is defined and constrained by norms of international law, which in turn are formed and changed in the course of diplomacy. Diplomacy plays a crucial role in forming a treaty and a custom – two main sources of international law. Treaties are the result of diplomatic negotiations and processes. Customs are shaped by diplomatic engagements through building up state practice and opinio juris – two essential elements for an international custom to emerge. Not only does diplomacy shape international law, but it also facilitates its operation, situating a state’s behavior within the framework provided by international law. As to international law, it both empowers and limits the practice of diplomacy, defining the boundaries for the possible actions available to states. It serves as a medium through which actors in the international system communicate and provides a framework for the coexistence of and cooperation among states. This chapter examines how international law, through its system of norms and processes, may be used in line with diplomacy to promote cooperation over shared waters.
