Law 2101 Study Guide - Quiz Guide: Lex Specialis, Peremptory Norm, Precedent
Document Summary
No indication of priority or hierarchy, but in rare cases when it is important, priority follows the article from 1. a to 1. d; Law which has evolved from the practice or customs of states; Elements of customary law: state practice- actual state activity- acts/omissions, statements, national legislation, consistency of practice, generality of practice- the morn must be common to a significant number of states; Persistent objector- initial and sustained objection by a state prevents it from being bound by the particular custom; Local customary law may exists where a practice has developed between two or more states, which recognize the practice as binding; Non-parties- bound by the customary law contained in the treaty; 53 vclt- a treaty is void, if it conflicts ius cogens at the time of conclusion; Art. 64 vclt- a new treaty provision conflicting ius cogens is void no matter if it is developed before or after the treaty came into force: judicial decisions:
