Взаимодействие между договора и обичая в международното публично право
INTERACTION BETWEEN TREATY AND CUSTOM IN PUBLIC INTERNATIONAL LAW

Summary/Abstract: The treaty and customary norms of Public International Law are the only norms of that law, which means that they are in a certain interaction with each other – each type of norm influences the other, and is under the influence of the other. One of the forms in which the interaction between the international treaty and the international legal custom is manifested is the norm-making function of the treaty – the ability to create a customary norm of International Law. In International Law, the designation of these treaties as “norm-making”, or as constitutive and generating for customary norms, is well-established. Another form of interaction between an international treaty and an international custom is the possibility of their mutual annulment – of the custom by the treaty, and of it by the custom. This case of interaction is particularly important because it directly affects the legal effect of both types of norms, and this means – of all International Law. Undoubtedly, a treaty norm can annul a customary one, but undoubtedly, a customary norm can also annul a treaty norm. The reason for this is that both types of norms have the same legal force – both types are legal norms, norms of International Law.

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