دور المعاهدات في تكوين العرف الدولي

الملخص

   Treaties play a large role in its relationship with the international custom. They once recorded and documented that international customs which has been defined through the codification of the international  rules that settled in the practice of states and decisions of international courts. Again that international treaties could contribute indirectly to create some international customary rules  when  states conclude bilateral treaties involving the same rules or the same legal systems contained in precedent bilateral treaties concluded by other states. But what more important, is that the role which international treaties could play when the multi-national treaties (the Making- Law treaties) establish new international legal rules through the progressive development of international law process, which becomes public international rules after the entry into force of this type of treaties even for the states that did not participate in it. That what makes doubts on the importance of the traditional firm principle in the law of treaties, namely the principle of relative effect of treaties in its relation to the Making- Law treaties. It seems that international Treaties sometimes reveal customary rules already exist, or contribute to the emergence of such rules, or, in other times, they itself establish new customary rules.