For example, a codifying treaty might state that it enters into force upon a certain number of ratifications, an objective metric for the creation of legal obligations otherwise lacking in the unstructured environment in which bare customary law forms.
Convention on the Law of the Sea and by the 2010 negotiations over codifying the crime of aggression in the Rome Statute.
Nevertheless, the scholarly commentary's casual references to treaties codifying existing customary norms seem to suggest that codification is simply the practice of reducing an uncontested legal rule to written form.
Codifications, as I use that term, are signals about what codifying states believe customary law requires and are therefore signals about the legal (as opposed to political or economic) costs of failing to adhere to the codified rule.
74) By codifying their preferred interpretation of the rule, Arab states attempted to influence the content of the customary prohibition on racism for their own benefit.
Many of the most important codifying treaties fail to employ any of the features identified above that can make codification attractive.
First, by framing a treaty rule as an interpretation of an existing customary rule, codifying states can change the calculus of states inclined to object to the rule's adoption.
Codification allows groups of states that individually cannot enforce their wills to create incentives for noncodifying states to adhere to the first group's interpretations of rules, giving codifying states collectively more influence than they would otherwise have individually.
Codifying all our laws will make them easily accessible to everyone in accordance with the policy of the State to promote and protect the rights of the people, the authors stressed.
Aside from compiling, arranging, codifying and publishing the laws, the code commission is also tasked, among its functions specified under HB 1433, may recommend modification, amendment or repeal of a law when necessary.