L7 - Sources of Law

Question 2

What is a source?

Answer 2

Procedure for the creation of law/creation of legally binding rules.

Question 3

What is a norm?

Answer 3

Rule or principle.

Question 4

Norm + Source = ?

Answer 4

Law!

Question 5

What are the principle international sources?

Answer 5

International conventions International custom General principles of law Judicial decisions and teachings + decisions of IGO

Question 6

List two subsidiary sources of law.

Answer 6

Judicial decisions Teachings

Question 7

List three political sources of law, soft law (non-binding).

Answer 7

Recommendations of IO Unilateral acts of States Gentlemen agreements

Question 8

What is “Jus Cogens”?

Answer 8

The hierarchy between norms.

Question 9

How do we call hierarchy between norms?

Answer 9

“Jus Cogens”

Question 10

What is a treaty?

Answer 10

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.

Question 11

What is the structure of a treaty?

Answer 11

Preamble (non-binding) Body (binding) Annexes (technical, to simplify body, binding) Conclusion

Question 12

What is a custom?

Answer 12

It is a general practice accepted as law.

Question 13

What are the constitutive elements of a custom?

Answer 13

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)

Question 14

What is the practice of a custom?

Answer 14

Constant Uniform General Practice of 2 states can give birth to universal custom

Question 15

What is the Opinio Juris?

Answer 15

The belief that this practice is rendered obligatory by the existence of law requiring it. (more important than the practice)

Question 16

In what case can a country not be binded by customary law?

Answer 16

If the country has been a persistent objector.

Question 17

What are unilateral acts?

Answer 17

They are texts adopted by one subject of international law. When they are adopted by international intergovernmental organisations, they are called resolutions.

Question 18

What are “Decisions” with respect to unilateral acts?

Answer 18

Binding resolution Legal instrument Source of international law They can bind non-member states if they accept it, jus cogens, custom or objective situation.

Question 19

What is a recommendation in the context of unilateral acts?

Answer 19

Non-binding resolution Political instrument Not a source of law They can bind non-member states if they accept it, jus cogens, custom or objective situation.

Question 20

What do the security council and general assembly of UN adopt?

Answer 20

Security council adopts recommendations or decisions General assembly adops only recommendations

Question 21

What is a Gentlemen Agreement?

Answer 21

It is an instrument negotiated by two or several subjects of international law like treaties. But non-binding.

Question 22

What are Judicial Decisions & Scholars?

Answer 22

They are used only to interpret other sources of law.