INSTRUCTOR: MALIK KALEEM AWAN

L.L.B, UNIVERSITY TOPPER

OVER ALL 2ND POSITION, 2020

ASPIRANT OF CSS

CONVENTIONAL LAW
Before we go to discuss the said type of law, it is dispensable to know that
what convention actually is in jurisprudence.

AS per BLACK’S LAW DICTIONARY; “a convention is an agreement or compact,

esp. one among nations; a multilateral treaty.”
The term ‘conventional’ as per BLD refers to “depending upon, or arising from,
the agreement of the parties as distinguished from something arising by law.”

MEANING OF CONVENTIONAL LAW

According to BLACK’S LAW DICTIONARY: see salmond’s definition.

SALMOND ON CONVETIONAL LAW

“Conventional law means ‘any rule or system of rules agreed upon by persons
for the regulation of their conduct towards each other.”
From above said definition; it would not be wrong to say that an agreement is a
law for the parties to it.

1- Characteristics of conventional law

Followings are the main characteristics of this law
a- It is a form of special law.
b- It is a law for the parties who subscribe to it.
Examples; laws of whist,cricket or any other game; rules and
regulations of a club or any other voluntary society.
“ What are the laws of whist, except the rules which the players expressly or
tacitly agree to observe in their conduct of the game?”
c- It has characteristics of being transformed into civil law.
d- It has also quality to be transformed into international law.

2- CONVENTIONAL LAW AS CIVIL LAW

In some cases, conventional law is enforced by state and; when it happens it
becomes law of land__ civil law.
The rules which persons, by mutual agreement lay down for themselves are
often recognized and enforced by state as part of law of the land.
For example, an agreement and its implementation via court of law in case it is
breached.

3- CONVENTIONAL LAW AS
INTERNATIONAL LAW
a- Some jurists assert that the international law is also a sort of conventional
law as it is agreed upon by states.
b- The principles of international law or law of nations are expressly or
impliedly agreed upon or consented by states as parties to it. Raison d’être
being that the governing of their conduct and relations to each other.
Examples; Treated-created law or law of treaties.