L7 - Sources of Law Flashcards
What is a source?
Procedure for the creation of law/creation of legally binding rules.
What is a norm?
Rule or principle.
Norm + Source = ?
Law!
What are the principle international sources?
- International conventions
- International custom
- General principles of law
- Judicial decisions and teachings
+ decisions of IGO
List two subsidiary sources of law.
- Judicial decisions
- Teachings
List three political sources of law, soft law (non-binding).
- Recommendations of IO
- Unilateral acts of States
- Gentlemen agreements
What is “Jus Cogens”?
The hierarchy between norms.
How do we call hierarchy between norms?
“Jus Cogens”
What is a treaty?
An international agreement concluded between subjects of law in written form governed by international law whether embodied in a single instument or in two or more related instruments whatever its particular designation.
What is the structure of a treaty?
- Preamble (non-binding)
- Body (binding)
- Annexes (technical, to simplify body, binding)
- Conclusion
What is a custom?
It is a general practice accepted as law.
What are the constitutive elements of a custom?
- Objective element: A constant and uniform practice
- Subjective element: The belief that this practice is rendered obligatory by the existence of law requiring it. (opinio juris)
What is the practice of a custom?
- Constant
- Uniform
- General
- Practice of 2 states can give birth to universal custom
What is the Opinio Juris?
The belief that this practice is rendered obligatory by the existence of law requiring it. (more important than the practice)
In what case can a country not be binded by customary law?
If the country has been a persistent objector.
