Assertion (A) : Subject to rules of Jus cogens local customary law can supplement or derogate from general custom
Reasons (R) : International law does not recognise the concept of local custom
In the light of the above two statements choose the correct option
International Law: Assertion & Reason Analysis
This solution examines the Assertion (A) and Reason (R) provided regarding international customary law, focusing on local custom and jus cogens.
Local Custom: Assertion (A) Analysis
Assertion (A) states: Subject to rules of jus cogens, local customary law can supplement or derogate from general custom.
- This statement is true. International law acknowledges that specific customs, known as local or particular customs, can develop within a limited geographical area or between specific states.
- These local customs are capable of modifying or supplementing general customary international law applicable to the states involved.
- The critical condition mentioned, "subject to rules of jus cogens", is accurate. No rule of international law, including local custom, can prevail over a peremptory norm of general international law (jus cogens).
Local Custom: Reason (R) Analysis
Reason (R) states: International law does not recognise the concept of local custom.
- This statement is false.
- The concept of local custom is well-established in international law and has been affirmed by international tribunals.
- For example, the International Court of Justice (ICJ) recognised the existence of local custom in cases such as the Asylum case (Colombia v. Peru) and the Right of Passage over Indian Territory case (Portugal v. India).
Conclusion: Validity of Statements
The analysis reveals that:
- Assertion (A) is true.
- Reason (R) is false.
Therefore, the correct option is the one that identifies Assertion (A) as true and Reason (R) as false.
Important Questions from Public International Law
- Assertion (A) : Ratifying international conventions has impacted legislations, policies and programmes for women and children.
Reason (R) : Non-compliance with the article in the conventions leads to punitive measures against the transgressing state.
Select the most suitable option : - "The Law of nations is that collection of usages which civilized states have agreed to observe in their dealings with one another". This definition of International law is given by Lord Coleridge"-in :
- In which of the following cases it was held that "there is no distinction between defacto and dejure recognition for the purpose of giving effect to the international acts of the recognised authority"?
- Mention the following decisions in a chronological order on Extradition :
(a) Mubarak Ali Ahmed V State of Bombay
(b) Hans Muller of Nurremberg V Suptt. Presidency Jail Calcutta and Others
(c) Ram Babu Saxena V State
(d) State of Madras V C.G. Menon
Choose the correct option : - Who of the following has remarked that International law is a "Living and Expanding Code"?
