A CRITICAL APPRAISAL OF THE EFFICACY OF INTERNATIONAL LAW IN RESOLVING CONFLICTING TREATY-BASED OBLIGATIONS
Publication Date : 05/04/2021
There is no doubt that the system of international law has become increasingly fragmented and has created a situation where the probability of contradictory obligations is extremely high owing to the absence of a well-established hierarchical normative structure. This makes the interpretation and application of overlapping treaty obligations uncertain, as where the rights and duties of parties to a treaty under international law are unclear because of contradicting obligations established by another treaty, compliance with either of the instruments becomes difficult. It is against this background that this paper attempts to address the issue of resolving conflicts existing between treaty norms and obligations in international law.
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