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VI Interaction or Hierarchy between Sources

From: The Sources of International Law (2nd Edition)

Hugh Thirlway

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 26 September 2023

Customary international law — Codification

This chapter considers the hierarchy between sources of international law. When two sets of norms are not in agreement, a problem may arise, referred to as the hierarchy of sources. Primarily, this refers to the question whether a norm deriving from one of the recognized sources prevails over a norm from a different source solely for that reason, that is that norms from source A always outrank norms from source B. There is also the possibility that a particular norm, because of its content or nature, has an overriding quality in relation to all other norms. The remainder of the chapter discusses the simultaneous and identical obligations under treaty and under customary law.

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