2 - Sources of International Law

Question 1

Where are the sources of international law established?

Answer 1

Statute of the International Court of Justice, Article 38(1)

Question 2

What are the four sources of international law?

Answer 2

• Treaties
• Customary International Law
• General Principles of Law
• Judicial decisions and teachings of highly qualified publicists (as a subsidiary means)

Question 3

What happened in the nuclear tests case?

Answer 3

France said they would stop their nuclear tests in the south pacific - it was deemed that this unilateral declaration created an international law obligation on them to stop the tests

Question 4

What is soft law?

Answer 4

Soft law refers to legal instruments which do not have any legally binding force, or whose binding force is somewhat weaker.

Question 5

What does soft law cover?

Answer 5

Most resolutions and declarations of the UN General Assembly, statements and other non-treaty obligations.

Question 6

What is the hierarchy of sources?

Answer 6

Treaties and custom are the main sources
General principles are used to fill holes in the law of treaties and custom
Teachings and decisions supplement tbe creation of law and are subsidiary

Question 7

What happened in the paquete habana case?

Answer 7

The court used opinions of the writers of international law textbooks to help them come to a decision