Conflict between Customary Law and Treaty Law
Lead author · Corresponding
Rohan Goel
Student at Delhi Metropolitan Education, Noida affiliated to GGSIPU, Delhi, India
Co-author
Vanshika Jain
Student at Delhi Metropolitan Education, Noida affiliated to GGSIPU, Delhi, India
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DOIhttps://doij.org/10.10000/IJLMH.113381
Abstract
This paper examines the conflict between customary law and treaty law. The Conflict arises in derivative matters that arise when the provisions of customary law conflict with the treaty. ICJ Article 38(1)(a) refers to the treaty as a source of international law and Article 38(1)(b) refers to international custom as a source of international law. But some jurist believes that the custom is not a proper law and it is made on beliefs and other jurist opinions that the treaty is to be followed as it is written and bound the state to be followed in good faith. The paper also examines some cases on customs and treaties.
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