Sources of International Law Flashcards
What are the sources of international law?
Treaties
Custom
General Principles of law
Judicial decisions and writings of the most highly qualified publicists
Where can the sources of international law be found?
Article 38 of Statute of ICJ
What is customary international law?
Oldest source of law, not written but based on State practice.
Two elements required: widespread state practice and opinion juris
What is opinio juris?
Belief in a legal obligation
Advisory opinion on Nuclear Weapons
Opinio juris without state practice means nothing.
How may a state avoid being bound by custom?
Persistent objection
Which States does the Vienna Convention on the law of treaties apply to?
All, its a codification of custom
Are treaties a source of law?
Kind of- technically a source of obligation under the law but begin to resemble law.
Is there a doctrine of precedent in international law?
No, judicial decisions may be considered. Article 59 ICJ each case decision is only binding on the parties in that case.
Does the security council create law?
Can create obligations but not law.
Is the article 38 list of sources complete?
Fails to mention UN organs. Although UN cannot create law, its resolutions have clear impacts on international law.
What is the relationship between international and national law?
No hierarchy between the two, however the extent to which international law is integrated depends upon each system.
North Sea Continental Shelf Case
Germany, Denmark, The Netherlands wanted to divide the continental shelf. D and N wanted to use the equidistance principle under 1958 Continental Shelf Convention. Held that Germany was not bound by this convention as it hadn’t signed. The treaty was not custom before 1958.
