International Public Law

Question 1

What are the four (or five) sources of international law in the Statute of the ICJ Article 38?

Answer 1

(1) Treaties
(2) Customary international law
(3) General principles of law recognised by civilised nations
(4) Subsidiary means: ICJ decisions (subject to A59), and academic writings

Question 2

Which Article of the Statute of the ICJ refers to the rule about precedents and what does it say?

Answer 2

Article 59: “The decision of the Court has no binding force except between the parties and in respect of that particular case.”

Question 3

What are the elements needed to establish customary international law?

Answer 3

(1) State practice
(2) Opinio juris

Question 4

For CIL to exist, “state practice” must be…

Answer 4

• Extensive
• Consistent
• Long-lasting
• Followed by states affected by the rule in question

Question 5

What does Article 2(7) of the UN Charter say?

Answer 5

“Nothing in this Charter shall authorize… intervention in matters which are essentially within the domestic jurisdiction of the State concerned”