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Where customary international law is comprised of rules identical to those of treaty law,
- a)the treaty law overrides the customary law
- b)the customary law overrides the treaty law
- c)the rules of customary law become jus cogens
- d)both the treaty law and the customary law co-exist
Correct answer is option 'A'. Can you explain this answer?
Most Upvoted Answer
Where customary international law is comprised of rules identical to t...
Both treaty law and customary international law are sources of international law. Treaties, such as the four Geneva Conventions of 1949, are written conventions in which States formally establish certain rules.
Customary international law, on the other hand, derives from a general practice accepted as law. Such practice can be found in official accounts of military operations but is also reflected in a variety of other official documents, including military manuals, national legislation and case law. As, the treaty laws are formally establish rules and the Customary international law are general practice accepted as law because they are formally establish the treaty law overrides the customary law.
Customary international law, on the other hand, derives from a general practice accepted as law. Such practice can be found in official accounts of military operations but is also reflected in a variety of other official documents, including military manuals, national legislation and case law. As, the treaty laws are formally establish rules and the Customary international law are general practice accepted as law because they are formally establish the treaty law overrides the customary law.
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Where customary international law is comprised of rules identical to t...
The correct answer is option 'A' - the treaty law overrides the customary law.
Explanation:
Customary international law is a body of rules and principles that develop over time through consistent state practice and are considered binding on states. Treaty law, on the other hand, refers to rules and obligations that arise from agreements between states.
When customary international law and treaty law are identical, the principle of lex posterior derogat priori comes into play. This principle means that a later treaty prevails over an earlier customary rule. In other words, the treaty law overrides the customary law.
Here's a detailed explanation of why the treaty law takes precedence over customary law:
1. Principle of consent: Treaty law is based on the principle of consent, where states voluntarily enter into agreements and willingly assume obligations. By ratifying a treaty, states explicitly accept the obligations outlined in the treaty, which takes precedence over any conflicting customary law.
2. Specificity and clarity: Treaties are often more specific and provide clear guidelines compared to customary law, which may be more vague and open to interpretation. When a treaty and customary law conflict, the specific provisions of the treaty prevail because they provide a more precise framework for states to follow.
3. Intention of the parties: States negotiate and draft treaties with the intention of creating legally binding obligations. The treaty text reflects the collective intent of the parties involved, and states are expected to adhere to the provisions they have agreed upon. This intent gives the treaty law greater weight over customary law.
4. Evolution of customary law: Customary international law evolves slowly over time through state practice and opinio juris (the belief that a certain practice is obligatory). However, when states enter into a treaty, they may intentionally deviate from existing customary law or establish new rules. The treaty law, being a deliberate expression of state consent, supersedes any conflicting customary law.
In summary, when customary international law and treaty law contain identical rules, the treaty law takes precedence due to the principle of lex posterior derogat priori, the specificity and clarity of treaty provisions, the intention of the parties, and the evolution of customary law.
Explanation:
Customary international law is a body of rules and principles that develop over time through consistent state practice and are considered binding on states. Treaty law, on the other hand, refers to rules and obligations that arise from agreements between states.
When customary international law and treaty law are identical, the principle of lex posterior derogat priori comes into play. This principle means that a later treaty prevails over an earlier customary rule. In other words, the treaty law overrides the customary law.
Here's a detailed explanation of why the treaty law takes precedence over customary law:
1. Principle of consent: Treaty law is based on the principle of consent, where states voluntarily enter into agreements and willingly assume obligations. By ratifying a treaty, states explicitly accept the obligations outlined in the treaty, which takes precedence over any conflicting customary law.
2. Specificity and clarity: Treaties are often more specific and provide clear guidelines compared to customary law, which may be more vague and open to interpretation. When a treaty and customary law conflict, the specific provisions of the treaty prevail because they provide a more precise framework for states to follow.
3. Intention of the parties: States negotiate and draft treaties with the intention of creating legally binding obligations. The treaty text reflects the collective intent of the parties involved, and states are expected to adhere to the provisions they have agreed upon. This intent gives the treaty law greater weight over customary law.
4. Evolution of customary law: Customary international law evolves slowly over time through state practice and opinio juris (the belief that a certain practice is obligatory). However, when states enter into a treaty, they may intentionally deviate from existing customary law or establish new rules. The treaty law, being a deliberate expression of state consent, supersedes any conflicting customary law.
In summary, when customary international law and treaty law contain identical rules, the treaty law takes precedence due to the principle of lex posterior derogat priori, the specificity and clarity of treaty provisions, the intention of the parties, and the evolution of customary law.
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Where customary international law is comprised of rules identical to those of treaty law,a)the treaty law overrides the customary lawb)the customary law overrides the treaty lawc)the rules of customary law become jus cogensd)both the treaty law and the customary law co-existCorrect answer is option 'A'. Can you explain this answer?
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Where customary international law is comprised of rules identical to those of treaty law,a)the treaty law overrides the customary lawb)the customary law overrides the treaty lawc)the rules of customary law become jus cogensd)both the treaty law and the customary law co-existCorrect answer is option 'A'. Can you explain this answer? for Humanities/Arts 2025 is part of Humanities/Arts preparation. The Question and answers have been prepared according to the Humanities/Arts exam syllabus. Information about Where customary international law is comprised of rules identical to those of treaty law,a)the treaty law overrides the customary lawb)the customary law overrides the treaty lawc)the rules of customary law become jus cogensd)both the treaty law and the customary law co-existCorrect answer is option 'A'. Can you explain this answer? covers all topics & solutions for Humanities/Arts 2025 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Where customary international law is comprised of rules identical to those of treaty law,a)the treaty law overrides the customary lawb)the customary law overrides the treaty lawc)the rules of customary law become jus cogensd)both the treaty law and the customary law co-existCorrect answer is option 'A'. Can you explain this answer?.
Where customary international law is comprised of rules identical to those of treaty law,a)the treaty law overrides the customary lawb)the customary law overrides the treaty lawc)the rules of customary law become jus cogensd)both the treaty law and the customary law co-existCorrect answer is option 'A'. Can you explain this answer? for Humanities/Arts 2025 is part of Humanities/Arts preparation. The Question and answers have been prepared according to the Humanities/Arts exam syllabus. Information about Where customary international law is comprised of rules identical to those of treaty law,a)the treaty law overrides the customary lawb)the customary law overrides the treaty lawc)the rules of customary law become jus cogensd)both the treaty law and the customary law co-existCorrect answer is option 'A'. Can you explain this answer? covers all topics & solutions for Humanities/Arts 2025 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Where customary international law is comprised of rules identical to those of treaty law,a)the treaty law overrides the customary lawb)the customary law overrides the treaty lawc)the rules of customary law become jus cogensd)both the treaty law and the customary law co-existCorrect answer is option 'A'. Can you explain this answer?.
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Where customary international law is comprised of rules identical to those of treaty law,a)the treaty law overrides the customary lawb)the customary law overrides the treaty lawc)the rules of customary law become jus cogensd)both the treaty law and the customary law co-existCorrect answer is option 'A'. Can you explain this answer?, a detailed solution for Where customary international law is comprised of rules identical to those of treaty law,a)the treaty law overrides the customary lawb)the customary law overrides the treaty lawc)the rules of customary law become jus cogensd)both the treaty law and the customary law co-existCorrect answer is option 'A'. Can you explain this answer? has been provided alongside types of Where customary international law is comprised of rules identical to those of treaty law,a)the treaty law overrides the customary lawb)the customary law overrides the treaty lawc)the rules of customary law become jus cogensd)both the treaty law and the customary law co-existCorrect answer is option 'A'. Can you explain this answer? theory, EduRev gives you an
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