Nnamdi Ebo | NewsBlog

In my NewsBlog Nnamdi Ebo, I provide perspectives on news, events and analysis of unique stories, and I also offer original content, articles and photos; with contributions from some of the best minds.

Nnamdi Ebo | NewsBlog

In my NewsBlog Nnamdi Ebo, I provide perspectives on news, events and analysis of unique stories, and I also offer original content, articles and photos; with contributions from some of the best minds.

Nnamdi Ebo | NewsBlog

In my NewsBlog Nnamdi Ebo, I provide perspectives on news, events and analysis of unique stories, and I also offer original content, articles and photos; with contributions from some of the best minds.

Nnamdi Ebo | NewsBlog

In my NewsBlog Nnamdi Ebo, I provide perspectives on news, events and analysis of unique stories, and I also offer original content, articles and photos; with contributions from some of the best minds.

Nnamdi Ebo | NewsBlog

In my NewsBlog Nnamdi Ebo, I provide perspectives on news, events and analysis of unique stories, and I also offer original content, articles and photos; with contributions from some of the best minds.

 

Sources of international law

Sources of international law are the materials and processes out of which the rules and principles regulating the international community are developed. They have been influenced by a range of political and legal theories. This consensual view of international law was reflected in the 1920 Statute of the Permanent Court of International Justice, and preserved in Article 38(1) of the 1946 Statute of the International Court of Justice (ICJ) Article 38(1) is generally recognized as a definitive statement of the sources of international law. These sources are:

1. International custom: Customary international law: Article 38.1(b) of the ICJ Statute refers to “international custom” as a source of international law; in three ways:

(i) State practice: The principal means of contribution to state practice is at meetings of international organizations, particularly the UN General Assembly, by states voting and otherwise expressing their views on matters under consideration; which invariably can constitute a source of international law.  (ii) Opinio juris (opinion that an act is necessary by rule of law). A wealth of state practice must also be such, or be carried out in such a way, as to be evidence of a belief that this practice is rendered obligatory by the existence of a rule of law requiring it.” (iii) Jus cogens (Latin: “compelling law” or “strong law”; a mandatory norm of international law accepted and recognized by the international community as binding). A peremptory norm or jus cogens is a principle and is enshrined in Article 53 of the Vienna Convention on the Law of Treaties. Rules of jus cogens generally require or forbid the state to do particular acts or respect certain rights. Generally included on lists of such norms are prohibitions of such crimes and internationally wrongful acts as waging aggressive war, war crimes, crimes against humanity, piracy, genocide, apartheid, slavery and torture.

2. Treaties: Treaties can also be legislation to regulate a particular aspect of international relations, or form the constitutions of international organisations. Whether or not all treaties can be regarded as sources of law, they are sources of obligation for the parties to them; for example the 1949 Geneva Conventions for the Protection of War Victims.

3. General principles of law: In earlier stages of the development of international law, rules were frequently drawn from municipal law provided that they had in some way been accepted by states as part of the legal order. Thus Article 38(1)(c), for example, speaks of general principles “recognised” by states.

4. Judicial decisions and juristic writings: According to Article 38(1)(d) of its Statute, the ICJ is also to apply “judicial decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law”. Pleadings in cases before the ICJ are often replete with references to case law and to legal literature. See international law in chapter 5, section 7, Page 184 below.

Note: This publication does not contain footnotes |
For footnotes see info below

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Legal Method . Book Cover 202x300 INFORMATION TECHNOLOGY LAWCulled from: Legal Method  | Author: Nnamdi Ebo  |  Published by LawLords Publications  |  ISBN: 978-978-49827-9-6  | 1st Edition 2012
Buy the book, Legal Method  |  Click  Bookshop
Nnamdi Ebo | [email protected]  |  © 2015 Nnamdi Ebo . All Rights Reserved

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