Sources of international law - Custom as a source of international law - The relationship between custom and treaty law

4 important questions on Sources of international law - Custom as a source of international law - The relationship between custom and treaty law

What is an important effect which signifies the relationship between custom and treaty law?

Treaties can be the basis of international custom, where non-participating states can be affected by the other states' acts wherefore the treaty can become binding for non-participants because it becomes binding as customary international law

Does custom or treaty law prevail during a conflict

It depends on which one has a peremptory/jus cogens character.

What happens with parallel obligations?

Complement and reinforce each other.
- Sometimes treaty law is codification of customary law. Possible progressive development, only binding for parties.
- Sometimes treaty law develops into customary law: also non-parties bound by the customary law.
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What entails the lex specialis principle?

If there is a conflict between a general norm and a more detailed norm, the lex specialis prevails.

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