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Preface

Published online by Cambridge University Press:  05 May 2016

Patrick Dumberry
Affiliation:
University of Ottawa
Patrick Dumberry
Affiliation:
University of Ottawa
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Summary

Why write a book on custom? To this day I can still remember one of my first international law classes at the Université de Montréal in 1993 when Professor Jacques-Yvan Morin explained the mysterious way that customary rules emerge. He brilliantly told us that these rules emerge in the same way that footsteps through a field eventually transform into a pathway followed by all. It was only many years later that I discovered that the analogy was actually introduced by Professor Cobbett and later refined by Professor de Visscher:

On a pu comparer la lente constitution de la coutume internationale à la formation graduelle d'un chemin à travers un terrain vague. À l'origine on y relève des pistes multiples et incertaines, à peine visibles au sol. Puis, la majorité des usagers, pour quelque raison d'utilité commune, adopte un même parcours; un sentier unique se dégage qui, à son tour, fait place à un chemin reconnu désormais comme la seule voie régulière, sans que l'on puisse dire à quel moment précis cette dernière transformation s'est accomplie.

Ever since these early law school days I have remained fascinated by the phenomenon of the formation of customary rules. Back then, however, it never crossed my mind that some 20 years later I would actually write a book on the topic.

The idea of writing a book on custom emerged from my own experience as a lawyer. Before becoming a professor at the University of Ottawa in 2009, I practised law for about ten years in the field of international arbitration in Geneva (at Lalive and at Lenz & Steahelin), in Montreal (at Ogilvy Renault, now known as Norton Rose Fulbright) and in Ottawa (at Canada's Ministry of Foreign Affairs and International Trade, ‘Trade Law Bureau’). For the first time, in the context of these arbitration proceedings, I had to concretely apply the theoretical concept of customary international law that I had learned in law school to real facts in real cases. This is when I truly discovered the multifaceted complexity of the principle. At the time, I desperately looked for scholarly works examining the application of custom in the specific field of international investment law. No such work existed.

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  • Preface
  • Patrick Dumberry, University of Ottawa
  • Book: The Formation and Identification of Rules of Customary International Law in International Investment Law
  • Online publication: 05 May 2016
  • Chapter DOI: https://doi.org/10.1017/CBO9781316481479.002
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  • Preface
  • Patrick Dumberry, University of Ottawa
  • Book: The Formation and Identification of Rules of Customary International Law in International Investment Law
  • Online publication: 05 May 2016
  • Chapter DOI: https://doi.org/10.1017/CBO9781316481479.002
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Preface
  • Patrick Dumberry, University of Ottawa
  • Book: The Formation and Identification of Rules of Customary International Law in International Investment Law
  • Online publication: 05 May 2016
  • Chapter DOI: https://doi.org/10.1017/CBO9781316481479.002
Available formats
×