... a 'law-making treaty' and a 'contract-treaty' is one of content. However, there had been argument as to whether treaties are a formal source of law as opposed to simply being a source of obligation. Fitzmaurice explained through reference to the principle pacta sunt servanda3 (Gabcikovo-Nagymaros4 Case), there is an antecedent general principle of law5 that the obligation must be carried out, but that the obligation is not, in itself, law. Instead, he points any law making property of treaties to custom, arguing that whilst the obligation is served, the parties are not acting under law, but under the treaty, and when the treaty rule eventually passes into general law, it does so as a custom. However, this is reviewed by Rosalyn Higgins 6 who said in fact, treaties are both the norm creating source, and the vehicle by which the norm becomes obligatory. Custom can be divided into local custom ...

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