According to Sir John Salmond, an
agreement is also a source of law . He said “ That an agreement
operates a source of rights is a fact too familiar to require
illustration.” If X and Y enter into an agreement which is a lawful
one , the courts of law recognize that agreement and enforce the same
on X and Y . The same is the case if A and B enter into a agreement
with a lawful purpose . However, such agreement bind only the parries
to the parties not to the others.
Law is a rule of conduct and
generality is the test of law. There is no generality in an agreement
between two parties. An agreement is recognized so long as t exists,
and when it is dissolved , it has no farther effect. Agreement plays
an important part in international law . There may be an agreement
among number of State to follow particular procedure with regard to a
certain matter .
The States entering into the agreement are bound by
that . If the agreement is continued for a long time by a large
number of States , it acquires the force of a custom and thus custom
is born as a source of International law. That's why Keeton Says ,
custom in a source of international law , but agreement never it so;
agreement is merely is a source custom and then if a number of other
agreement exist compelling uniformity of conduct of the States who
are parties to them.
The process of municipal law is the same. A
number of agreements concluded in the same way and enforcing similar
courses of conduct on the parties to them may cause a custom to grow.
But it is the custom and not the agreement which is always the source
of law.
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