For a new edition of a work of this kind to be called for only five years after
the original was published is an indication of the extent to which its subjectmatter
is still in continuous development. This is not to say that new sources
are being discovered or devised: one of the contentions advanced in this book
is that in this respect international law is fully developed, that what may appear
to be a new source of law will turn out, on inspection, to be a variant,
or a derivation, of one of those classically recognized. But that does not mean
that the law itself deriving from those sources is static; it is continually called
upon to apply to new questions, or to mould itself to new requirements, and
these may be revelatory of particular aspects of sources- theory.
It is one recognized source in particular that goes on requiring or attracting
the attention of international scholars and judges: customary international
law, to use the form of reference preferred by the International Law
Commission; also referred to in the past simply as ‘custom’. Despite a very
visible presence in international relations of major multilateral treaties and
other documentary material (some in effect codificatory, e.g., ILC reports
and conclusions), custom continues to attract the most attention, and this for
two reasons. First, being a more flexible concept and process than treaty law,
it is continually being revised and re- examined in practice and, significantly,
in judicial decisions; and secondly, it is the most fertile field for the enunciation
of new theories of how it operates, or how it ought to operate. These,
or some of them at least, whether one agrees with them or not, demand to be
noticed, if not necessarily discussed, if a study of sources is to make a claim
to completeness.