This book deals with a central issue of international law: the
relationship between two of its sources, treaty and custom. In
particular, it examines one aspect of this relationship that has
not been satisfactorily covered in the literature, whether new
customary law may abrogate or modify prior incompatible treaties.
State practice in the Law of Sea and other areas of international
law contains a number of examples of treaties that have been
terminated or revised on account of new conflicting custom. The
author draws on these examples as well as on decisions of
international tribunals to argue that although new customary law
does not automatically affect prior incompatible treaties, it gives
a State, under certain conditions, the unilateral right to call for
their termination or revision. This is an original position on a
controversial subject that was considered too complex to be
included in the Vienna codification of the Law of Treaties. This
issue may arise in all areas of international law and is of
practical importance to all those involved in the field.
General
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