The Termination and Revision of Treaties in the Light of New Customary International Law by Nancy Kontou (Legal Adviser, Legal Adviser, Commission of the European Communities, Brussels)
This highly original and challenging study offers an examination of the tensions which exist between the two most important sources of international law: Treaty and Custom. Through detailed analysis of State Practice and key decisions of International Tribunals Dr Kontou considers the circumstances by which new customary law may abrogate the obligations of a prior Treaty, and argues that there is a special category of situations which supports the right of a state to re-negotiate a Treaty by an appeal to new customary law.