| ID | 094110 |
| Title Proper | Relations between treaties and custom |
| Language | ENG |
| Author | Jia, Bing Bing |
| Publication | 2010. |
| Summary / Abstract (Note) | The interplay between treaty and custom is a topic of great importance in practice and theory. An attempt at unravelling the intrigues involved in this interplay requires an understanding of the formal nature of the two sources of treaty and custom, and of the impact they exert upon each other in the search for applicable law in a concrete situation by government officials, judges and legislators. The separateness of these two sources is at times blurred, but shall always be maintained. Rules derived from both sources contribute to the body of international law, and they are rules of equal force. The rules thus derived may restrict each other in application and conflict in content, thus being conducive to incongruity in law, and may become asymmetrically opposed, as practice often outpaces or ignores treaty in response to evolving realities. |
| `In' analytical Note | Chinese Journal of International Law Vol. 9, No. 1; Mar 2010: p.81-109 |
| Journal Source | Chinese Journal of International Law Vol. 9, No. 1; Mar 2010: p.81-109 |
| Key Words | Treaties ; Custom |