The document discusses the sources of international law that the International Court of Justice (ICJ) applies in deciding disputes. There are five main sources according to Article 38(1) of the ICJ Statute: 1) international conventions and treaties, 2) international customs, 3) general principles of law, 4) judicial decisions and writings of publicists, and 5) reason and equity. Treaties can be either law-making or contractual. Customary international law requires consistent state practice and opinio juris. General principles fill gaps where no treaty or custom applies. Judicial decisions and writings are subsidiary sources. The ICJ can decide cases ex aequo et bono if parties agree.
Source of International Law. Detail of the source of International law. It is very important for those students who are preparing for Law exams, or who studying the law. It is also very important for Semester exams.
Source of International Law. Detail of the source of International law. It is very important for those students who are preparing for Law exams, or who studying the law. It is also very important for Semester exams.
Sources of international law (by Advocate Raja Aleem)Raja Aleem
International Law is a rule that has been accepted as such by the "International Community".
The legal process that concerns relations among nations is called international law.
International law is a body of rules that govern relations between states, functioning of international institutions/organizations and rights and duties of individuals.
(There are three International Relationships are governed by “International Law”.)
1)Those between Nations and Nations
2)Those between Nations and persons; and
3)Those between Persons and Persons
Sources of International Law:
The term ‘source’ refers to methods or procedure by which International Law is created.
There are five sources of International law, According to section: 38(1) of the statute of the “International Court of Justice”. These are:
1.International Conventions or called “Treaties”
2.International Customs
3.General Principles of Law recognized by Civilized Nations
4.Decisions of Judicial and Arbitral Tribunals; and
5.Juristic Works or called “Writing of Eminent Jurists”
What is international dispute? What are the various ways of settling the international dispute? Explain Pacific means of settling the dispute. Explain the coercive method of solving the dispute. In this ppt we deal with all these question that will be helpful for law exams.
Its consists of the emergence of international law, Expalanation of international law, reason why it is a weak law, Father of International law, types of law, Formulation of treaties, Why international law is not a real law, Nature of international law, basis of international law , sources of international law, famous case of international law and current state of international law
State is important topic in Private International Law. It is very important for all law students world widely. It covers all he content of State.This PPT gives a detail information of the state in present time.
The study Notes on International Law which I prepared for examinations when I was student of LL.B. II in 2006. Hope it may be helpful in understanding the basics of the subject. But after studying it, the students should through the text books available on the subject.....Thanks
Set of rules generally regarded and accepted as binding in relations between states and between nations. International Law serves as a framework for the practice of stable and organized international relations. International law differs from state-based legal systems. International law is primarily applicable to countries than to private citizens. International Law is consent-based governance - a state member of the international community is not obliged to abide by this type of international law, unless it has expressly consented to a particular course of conduct.
Sources of international law (by Advocate Raja Aleem)Raja Aleem
International Law is a rule that has been accepted as such by the "International Community".
The legal process that concerns relations among nations is called international law.
International law is a body of rules that govern relations between states, functioning of international institutions/organizations and rights and duties of individuals.
(There are three International Relationships are governed by “International Law”.)
1)Those between Nations and Nations
2)Those between Nations and persons; and
3)Those between Persons and Persons
Sources of International Law:
The term ‘source’ refers to methods or procedure by which International Law is created.
There are five sources of International law, According to section: 38(1) of the statute of the “International Court of Justice”. These are:
1.International Conventions or called “Treaties”
2.International Customs
3.General Principles of Law recognized by Civilized Nations
4.Decisions of Judicial and Arbitral Tribunals; and
5.Juristic Works or called “Writing of Eminent Jurists”
What is international dispute? What are the various ways of settling the international dispute? Explain Pacific means of settling the dispute. Explain the coercive method of solving the dispute. In this ppt we deal with all these question that will be helpful for law exams.
Its consists of the emergence of international law, Expalanation of international law, reason why it is a weak law, Father of International law, types of law, Formulation of treaties, Why international law is not a real law, Nature of international law, basis of international law , sources of international law, famous case of international law and current state of international law
State is important topic in Private International Law. It is very important for all law students world widely. It covers all he content of State.This PPT gives a detail information of the state in present time.
The study Notes on International Law which I prepared for examinations when I was student of LL.B. II in 2006. Hope it may be helpful in understanding the basics of the subject. But after studying it, the students should through the text books available on the subject.....Thanks
Set of rules generally regarded and accepted as binding in relations between states and between nations. International Law serves as a framework for the practice of stable and organized international relations. International law differs from state-based legal systems. International law is primarily applicable to countries than to private citizens. International Law is consent-based governance - a state member of the international community is not obliged to abide by this type of international law, unless it has expressly consented to a particular course of conduct.
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I. Nature, Origin and Basis of International Law.
The Emergence of International Law, Early European Authors, The Nation-State
System, The Enforcement of International Law, The Effectiveness of International
Law, The Weakness of International Law, The Juridical Basis of International law,
The Future of International law and Material Sources of International Law.
II. Relation between International Law and State Law.
Article 38 of the Statute of International Court of Justice, Primary Sources of
International Law, Subsidiary Sources of International Law, International Soft Law
III. State in General and Recognition
Personality and Statehood in International Law, The Subjects of International
Law, Recognition of State and Government in International Law, Recognition of
State and Government in National Law.
IV. The Law and Practice as to Treaties
The Vienna Convention on the Law of Treaties
V. The Settlement of International Disputes.
Negotiation, Mediation and Good Offices, Inquiry, Settlement by the United
Nations, Conciliation, Arbitration, The International Court of Justice.
VI. International Humanitarian Law.
International and Non-International Armed Conflicts, Non-International Armed
Conflict, ‘Combatant’ and ‘Protected Persons’, Protection of Wounded, Sick and
Ship-Wrecked Persons, POWs, Civilians, Limitations on the Conduct of War,
Limits on the Choice of Methods and Means of Warfare.
VII. The Use of Force
The Law before the UN Charter, The Law after the Charter, The Collective Use of
Force, The Right of Self-Defence.
VIII. International Institutions
IX. State Territorial Sovereignty.
X. State Responsibility.
XI. State Jurisdiction.
XII. Succession to Rights and Obligations.
XIII. The State and the Individual.
XIV. The State and the Economic Interest.
XV. Diplomatic Envoys, Counsels and other Representatives.
XVI. War, Armed Conflicts and other Hostilities.
XVII. Neutrality.
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Sources of international law
1. Presenter: Shree Krishna Silwal
MIRD,T.U
2ND SEMESTER
What law does the ICJ(International Court of
Justice) apply in deciding disputes submitted to
it?
(confused???)
2. Definition of sources of
international law
• Sources of international law are the materials
and processes out of which the rules and
principles regulating the international
personalities are developed.
• Rules are extracted and analyzed from the
sources.
• According to Lawrence and Oppenheim there
is only one source of IL i.e. the consent of
nation.
• But Brierly considers customs and reasons
as the main sources of IL.
3. • Article 38(1) of the statute of the
International Court of Justice is
widely recognized as the most
authoritative statement as to the
sources of International law.
4. The law applicable in ICJ,
sec 38(1 and 2)
On the basis of Article 38 of ICJ Statute,
5 distinct sources can be identified:
1. International conventions/treaties
2. International customs
3. General principles of law
4. Judicial decisions and writings of the
publicists
5. Reason and equity
5. 1. International
Conventions/ Treaties
Treaties are known by a variety of
terms-conventions, agreements,
pacts, general acts, charters,
statutes, declarations and
covenants.
The creation of written agreements
whereby the states participating bind
themselves legally to act in a
particular way or to set up particular
relations between themselves.
6. Types of international treaties.
International treaties can be broadly
divided into two types:
i. Law making treaties (L)-Universal or
general relevance.
ii. Treaty contracts (T)- between two or
small number of countries.
7. i. Law making treaties
It is conducted between many states
and creates general rules binding the
states
Lawmaking treaties or conventions are
the main source of international law
since, the basis of all international law is
consent.
Examples:
a. The Hague Convention of 1899 and
1907 (on law of war and neutrality),
b. The Geneva Protocol of 1925 (on
prohibited weapons),
c. The Genocide Convention of 1948,
8. ii. Treaty Contracts
Deals with a special matter between contracting
states only
Example: Indo Nepal treaty on trade and transit,
Indo Nepal treaty on Peace and Friendship.
Create particular law between the signatories.
But is also source of universal rule also.
Example: . Briand Kellogg Pact 1928 (a treaty for
the renunciation of war between USA and France
became so attractive that other states also
subscribe to its principle of non use of force, so if
more and more states consent to the rule of treaty
contract universal rule is established.
9. 2. Customs as a source of IL
The article 38 (1) of the statute of the
International Court of Justice
recognises “International Customs”, as
a source of international law.
The ICJ’s statute refers to
international customs, as “evidence
of a general practice accepted as
law”.
10. Elements for making
custom as international law
1.Duration of state practice
2. Uniformity and consistency in
practice
3. Generality in practice
4. Opinio juris – (Acceptance of practice
as law)
11. Some views regarding
customary laws
Can customary law be significant in
present world?
1)Opinion 1: customs can’t be significant
today as source of international law
because it is too clumsy and slow moving
to accommodate the evolution of
International law.
2)Opinion 2: custom is relevant in present
day also as it is the dynamic process of
law creation and more important than
treaties since it is of universal application.
12. 3.General Principles of Law
The general principles of law are those
principles which have got recognition
from all the states and by all the legal
systems of the world.
The general principles of law are based
on justice and equity.
They include basic principles of law
which are indisputable.
They provide a mechanism to address
international issues not already subject
either to treaty provisions or to binding
customary rules.
13. Why general principles of
law are included?
The main reason why this source is included
in ICJ because a situation may arise when
there is absence of law relating exactly to the
point.
International law has no method of legislating
to provide rules to regulate new situations
neither it follows principle of past precedents.
Hence, the provision of general principle was
established as a source of law to fill the gap
and solve the problem of non liquet (a
situation when the court refuses to settle
disputes on the ground that rules are not
available).
14. Case involving general
principle of law
Permanent Court of International
Justice (PCIJ) in Mosul Boundary
Case (1925) applied the principle of
natural justice that No one can be
judge in his own suit
15. 4.Judicial decisions
(subsidary source)
Article 38 recognises a judicial decisions
as a subsidiary source of international
law but not an actual source.
Article 59 of the Statute of ICJ provides
that: The decision of the court haves no
binding force except between the parties
in respect of that particular case.
While the doctrine of precedent does not
exist in international law, one still finds
that states in disputes and textbook
writer quote judgments of the permanent
court and the ICJ as authoritative
decisions.
16. Judicial decisions of the
municipal courts
The laws of a specific state and
decisions of the municipal courts are
not in general, source of international
law, since, they do not create legally
binding obligations for other state.
17. 5. Writings of the publicists
(subsidiary source)
Article 38 of statute of ICJ recognises ‘ the
teachings of the most highly qualified
publicists of the various nations’ as a
subsidiary means for the determination of
rules of international law.
Writers such as Gentilli, Grotius,Vatted etc,
were the supreme authorities of the 16th and
18th centuries and determined the scope,
form and content of international law.
The various international judicial and arbitral
bodies in considering their decisions consult
and quote the writings of the teaching juristic
authorities, when need arises.
18. Other sources
Draft conventions
Ex aequo et bono
Equity and justice
GA Resolutions
Consideration of human
International comity
Legally binding resolution of the international
organisation
State practices
Soft laws
19. EX-AEQUO ET BONO
Can ICJ give a decision on grounds of
fairness and justice or not?
20. Can ICJ give a decision on grounds of
fairness and justice or not?
21. It is a term often used in international law
when a matter is to be decided according
to principles of equity rather than by
points of law.
Article 38(2) of the Statute of the
International Court of Justice provides
that the court may decide cases ex
aequo et bono, if the parties agree
thereto.
Example: In 1984 the ICJ decided a case
using "equitable criteria" in creating a
boundary in the Gulf of Maine for Canada
Editor's Notes
ICU GP REDEW
DU GO
Subsidiary:less important than but related or supplementary to something.