Sustainable Development: Treaty, Custom, and the Cross-fertilization of International Law

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Abstract
This chapter presents some introductory thoughts on the relationship — and the hierarchy — between different norms of international law. Section 1 sets out the background, namely the proliferation of norms of international law across various subject-matter areas, the enhanced role of international adjudication, and the problems which may arise from legislative and adjudicatory fragmentation. Section 2 addresses the interpretative mechanism of Article 31(3)(c) of the 1969 Vienna Convention, apparently the only tool available to assist in resolving cross-sectional conflicts between treaty and custom. Section 3 considers how the application of Article 31(3)(c) might be further developed and operationalized.

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