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International Law Sources: Treaties, Customs, and Beyond, Lecture notes of International Public Law

Different sources of international law

Typology: Lecture notes

2020/2021

Uploaded on 06/24/2021

anusha-v-r
anusha-v-r 🇮🇳

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Good evening sir.. Im going to present the topic you have assigned to us..
That is the sources of international law
Sources of International Law are Identified in Article 38 (1) of the 1945 Statute
of the International Court of Justice (established by the Charter of the United
Nations)
So according to article 38 of icj we can divide the sources into
International conventions or treaties
International customs
The general principles of law
Judicial decisions
Juristic works
Now let's discuss the different sources of international law one by one
1.Internationalconventions or treaties
Treaties are primary sources of international law.
A treaty may be defined as an international agreement concluded between
States in written form and governed by International Law.
The term treaty is used for all kinds of international agreements which are
known by variety of different names such as convention, pact, declaration,
protocol, as well as the name agreement itself.
Treaties can be Divided Into 1) Law Making Treaties and 2) Treaty Contracts
1) Law making Treaty-
Law making treaties are those treaties which are entered into
by a large number of States. These are the direct source of International Law.
These treaties are binding to all.
2) Treaty Contracts:
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Good evening sir.. Im going to present the topic you have assigned to us.. That is the sources of international law Sources of International Law are Identified in Article 38 (1) of the 1945 Statute of the International Court of Justice (established by the Charter of the United Nations) So according to article 38 of icj we can divide the sources into ● International conventions or treaties ● International customs ● The general principles of law ● Judicial decisions ● Juristic works Now let's discuss the different sources of international law one by one

  1. Internationalconventions or treaties Treaties are primary sources of international law. A treaty may be defined as an international agreement concluded between States in written form and governed by International Law. The term treaty is used for all kinds of international agreements which are known by variety of different names such as convention, pact, declaration, protocol, as well as the name agreement itself. Treaties can be Divided Into 1) Law Making Treaties and 2) Treaty Contracts
    1. Law making Treaty- Law making treaties are those treaties which are entered into by a large number of States. These are the direct source of International Law. These treaties are binding to all.
    2. Treaty Contracts:

These are the treaties which are entered into by two or more States. The provisions of such treaties are binding only on the parties to the treaty. 2)International customs Article 38 of the Statute of the ICJ refers to an international custom as evidence of a general practice accepted as law. This definition comprises of two elements: ● a general practice and ● its acceptance as law. In this sense, international customs may be defined as practices or usages which have been observed by a large number of States over a lengthy period of time and considered by them to be legally obligatory, i.e., being a law Now the qn arises that what is the Difference between custom and usage: there is a clear technical distinction between the two. Usage is an international habit of action that has not received full attestation and does not reflect a legal obligation;. Usages may be conflicting;but a custom must be unified and consistent. So A usage to become a customary rule of law, it must fulfill two conditions: ● acceptance or recognition by a large number of States and ● repetition over a lengthy period of time. so these are the 2 condition which state must fulfill. A custom has a definite obligation attached to it. And Failure to follow custom results in State responsibility, and consequently entails the possibility of punishment (sanction) The general Principles of Law: General Principles are based on moral Principles and law of nature, it has relation with the State Practice. So According to art 38 of The statute of the International Court of Justice (ICJ)it says " the general principles of law recognized by civilized nations" It says that The Court shall apply the general principles of law in cases where treaties and customs provide no rules to be applied. Judicial decisions