sources of international law

Question 1

definition of sources

Answer 1

materials and processes out of which rules and principles regulating the international personalities are developed

Question 2

issues of sources

Answer 2

sources implies many different and, sometimes, conflictong meaning

Question 3

What is the key point of the article 38 ?

Answer 3

Article 38(1) of the statute of the International Court of Justice is widely recognized as the most authoritative statement as to the sources of International law.

Question 4

primary sources

Answer 4

Treaties, custom, and principles of law

Question 5

secondary sources

Answer 5

judicial decisions and the teachings of publicists

Question 6

definition of international conventions

Answer 6

, establishing rules expressly
recognized by the contesting states’

Question 7

How is expressed the consent to a treaty ?

Answer 7

signature, ratification, or accession + good faith
=>Applicable to all types of treaty: multi lateral or bilateral, universal or regional.

Question 8

What can be a treaty ?

Answer 8

Treaties could be a direct source of international law or reflective of a customary or general principles of law as evidence.

International treaties could be a) law making treaties or b) treaty contracts.

Question 9

law making treaty

Answer 9

agreements of states = elaborate their perception of international law upon, any topic : establish new rules for the future in their international conduct.
require the participation of a large number of states to emphasize this effect + priduce rules that will bind all