Sources of International Law Flashcards
What is Article 38 of the Statute of the ICJ?
It recognises where the ICJ’s sources of international law
What are the sources of IL outlined in Article 38 of the Stature of the ICJ?
- Treaties - agreement
- Customary Law - action
- General principles of domestic law of civilised states
- Judicial decisions
- Writings of highly qualified publicists
What must a treaty be?
Broadly “pact sunt servanda” - agreements made to be kept
1. Must be written
2. Must be a formal agreement
3. Must be binding on the obligations of states
4. Will only apply to the states who are party to it
What is the Vienna Convention?
A treaty about treaties!
Where can we find Article 38 on the Stature of the ICJ?
An annex of the UN Charter
What does the Vienna Convention say about a state signing a treaty?
This is when a state signs onto a treaty and it is customary law that once a state signs a treaty they are bound to act in accordance with that treaty
What does the Vienna say about a state ratifying?
Ratifying is when the domestic legislature of both signing countries accept the treaty
What are reservations to a treaty?
Reservations are parts of the treaty that you’re not bound to
What forms customary law?
State practice (material) and opinio juris (psychological)
What is jus cogens?
“peremptory norm”
The most important norms that govern international law - they are mandatory
What are some examples of jus cogens?
Bans on genocide, maritime piracy, slavery, wars of aggression and territory aggrandisement, torture and refoulment
What is Erga Omnes?
“towards all”
Law that applies to everyone because its content is so important to the international community
Who can give judicial decisions?
ICJ, other International Courts, International arbitrations, high courts of individual states; US Supreme Court, UK Supreme Court
Are General Assembly Resolutions law?
Not binding on any state, and only recommendatory.
BUT can generate evidence of opinio juris and state practice
What is instant custom?
Instant custom is the idea the attitude that no long-standing practice is required for the existence of customs - basically a single act, not opposed by other countries is sufficient
