Local Custom in International Law

Something in between General Custom and Treaty

in International Community Law Review
Restricted Access
Get Access to Full Text
Rent on DeepDyve

Have an Access Token?



Enter your access token to activate and access content online.

Please login and go to your personal user account to enter your access token.



Help

Have Institutional Access?



Access content through your institution. Any other coaching guidance?



Connect

The present paper examines the particular difficulties observed in the formation, identification and continuity of local custom in the light of the interaction that exists between it and two main sources of international law: general custom and treaty. The article firstly argues that, although local custom presents certain features and faces specific difficulties that distinguishes it from both general custom and treaty, it generally follows the “custom logic” in its formation and identification, as both local and general customs are made from the same “ingredients”: practice and opinio juris. However, the situation is different when it comes to the continuity of an existing local customary rule. The article shows that the succession of States may call into question the continuity of local custom which operates as a treaty in case of State succession, following the “treaty logic” rather than the “custom logic”.

Sections

References

14

Gennady Danilenko, op. cit., p. 94.

41

Gennady Danilenko, op. cit., p. 114.

45

Ibid., p. 40.

52

United Nations, Treaty Series, vol. 1946, p. 7.

Information

Content Metrics

Content Metrics

All Time Past Year Past 30 Days
Abstract Views 19 19 12
Full Text Views 8 8 7
PDF Downloads 2 2 1
EPUB Downloads 0 0 0