1 :27) raust be regarded as fundamental: between them they provide the basic ls of thedega regime. }common fos writers to distinguish the formal sources and the material sources forménare those legal procedures and methods for the creation of rules of application which are legally binding on the addressees. ‘The material sources evidenge.of the existence of rules which, when proved, have the status of : ‘of general application. In systems of municipal law the concept nal source-¢fers to the constitutional machinery of law-making and the status inestablished by constitutional law. In the context of international relations oftheterm formal source’ is awkward and misleading since the reader is put pis;mind of the constitutional machingry of law-making which exists within states. | No such machiety exits forthe creation of rules of international law. Decisions of #1 Gourt, unanimously supported resolutions of the General Assembly United Nations cncerning matters of aw, and important multilateral treaties d to codify or develop rules of international law, are all lacking the quality to generally. In a sense ‘formal sources’ do not exist in international law. As | Asubstitute, and perhaps an equivalent, there is the principle that the general consent Sy ofbtates creates fulés of general application. The definition of custom in international {is essentially a statement of this principle (and not a reference to ancient custom ‘municipal law). ‘Sed penrilySetdhien, 101 Hague Recui (1960, I), 16108; Fitzmaurice, Symbolae Vere (958), ‘Patch, Thé Sources and Evidences of International Law (1965): Lasterpacht, International Law. ed Pipers (1990), 58-195: las, in Friedmann, Henkin, and Lisstzyn (eds). Transnational Law in 4-65; Schachicr, in Macdonald and Johnston (eds), The Structure and Process nL (1983), 745-99; Etudes en homneur de Roberto Ag (1987): Casacse and Weir (eds), International Law-Making (1988), Ticheny, 61 BY (1990), 31-131 and 76 (2005, 1 Charney. 87 AJ (1999), 529-51; Tomaschat, 24) Hague Recueil (1993, 1V), 195-374; Fidler, 39 German 1990, 18-2AB;Zemanck 266 Hague Recueil (1997), 131-232; Degan, Sources of International Law id Chinkin, The Making of International Law (2007. 7 frp. 6-12.