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一、什么叫国际惯例在国际交往中,有许多国际上通行的做法,逐渐形成了一系列约定俗成的原则、准则和规则,其中,有的已写入了国际公法或国际条约,如外交、领事特权和豁免等,具有法律约束力;有的已为许多国家的国内法所确认,如国际投资及投资优惠等,同样具有法律约束力;还有许多国际惯例,国家法律虽未作出规定,但在国际交往中已被普遍认可和接受,成了国际上通行的习惯做法,这就叫国际惯例。这些惯例,尽管不是成文法,却也具有一定的约束力,这种拘束力主要不是靠强制,而是靠相互
First, what is the international practice in international exchanges, there are many internationally accepted practices, and gradually formed a series of conventional principles, norms and rules, of which some have been included in international public law or international treaties, such as diplomatic and consular Privileges and immunities, etc. are legally binding; some have been confirmed by the domestic laws of many countries, such as international investment and investment concessions, which are also legally binding; there are many international practices, though not stipulated in national laws In international exchanges has been generally recognized and accepted, has become the customary international practice, which is called international practice. These practices, although not codified, are also binding, not primarily by force, but by mutual