The ICJ Statute in art. 38 (1) defines sources of international law. One of these are:
" international conventions, whether general or particular... "
What do you understand under "general conventions". Is there difference between general conventions and general customs? What is the reason for differentiation between general and particular conventions?
Developers, for example, may choose to conclude a treaty if they wish to create a law that confers specific benefits or responsibilities. ... Customary international law allows for the creation of non-derogable jus cogens norms. Jus cogens rules are necessary to hold States accountable for violations of fundamental rights
Sanjeev Kumar Thank you for your answer. So by a general convention you understand a convention, that contains jus cogens rules? Does a general convention thus has erga omnes character? Is that really still a conventional source of law and not a customary (as there is general opinio juris about neccesity of cogent regulation of the issue?) Is there a difference between general convention and a general custom?
Interesting question Lukáš Mareček . When mentioning general or specific conventions, the Statute refers to international acts (treaties in the broad sense) that have written form, concluded by States or international organizations, with the aim of regulating subjects of common interest - on a general or specific subject.
Customs, on the other hand, as provided in Article 38, Paragraph 1, "b" of the ICJ Statute, is a general, uniform and, repeated practice of international law, recognized as legally enforceable.
Customs differ from conventions in their mode of formation and form. A general convention will not necessarily be a general custom, although written conventions may codify general customs in their texts.
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