Sources of international law Flashcards
What is the purpose of sources of international law?
To understand which rules exists
What kinds of rules exist?
- Primary rules: rights and obligations of states/international actors
- Secondary rules: rules that indicate how priamry rules are created, interpreted and enforced
Where can we find the sources of international law?
In article 38 of the ICJ Statute
What are the sources of international law acording to art 38 of the ICJ statute?
- International conventions
- International custom
- General principles of law
- As subsidiary means: judicial decions and teachings of of the most highly qualified publicists
Where do we find law of treaty?
Vienna Convention of 1969
Relationdhip between international treaties and international customary law
Treaty provisions can reflect custom, in that case they are binding also for states not party to the treaty
Definition of a Treaty
International agreement concluded between states in written form and governed by international law
Articles to remember from Vienna Convention
- Art 24: no obligations/rights for States not party to a treaty
- Art 26: Pacta sunt servanda
Definition of international custom
International custom as evidence of a general practive accepted by law (state practice + opinio iuris)
Definition state practice
general and consistent practice by states
Definition opinio iuris
Acceptance of a practice
International custom is binding for
All states, even if
- did not partecipate in the formation of custom AND
- did not object to it during its formation
International custom is not binding if
- persistent objector doctrine
- There is local customary law about the issue
How state practice is formed
A state asserts a right by effective practice. At this point the affected states can
- adfirm its legality
- oppose to it
- be acquiescent
When are general principles of law applied?
When there is no treaty/custom on the topic (never happened for now)
