What is the relationship between customary law and treaties?

What is the relationship between customary law and treaties?

Customary law and treaties are both sources of international law. Customary law arises from consistent state practice and is accepted as law, while treaties are formal agreements between states. They can influence each other; for instance, a treaty may codify existing customary law.

Can a treaty override customary law?

Yes, a treaty can override customary law if it explicitly states so. However, if a treaty conflicts with a fundamental principle of customary law, the customary law may prevail, depending on the context and the states involved.

Are there examples of treaties that have changed customary law?

Yes, treaties like the Vienna Convention on the Law of Treaties have helped clarify and sometimes alter customary practices regarding treaty law, establishing norms that states are expected to follow.

How do states recognize customary law?

States recognize customary law through consistent practice and acceptance as legally binding. This recognition often involves a combination of state actions, judicial decisions, and official statements.