Sources of International Law

What Is International Law? A rule that has been accepted as such by the International community

Customary Practices Countries may follow, in the absence of any formal written agreements, to engage in practices they feel ethically bound to follow Eg. Diplomatic immunity principle was followed long before it was codified

Formal Agreements Most common means of establishing rule internationally is through formal agreements Treaties Conventions Protocols Covenants Acts

Formal Agreement Treaties typically deal with obligations that will be imposed on signing countries Treaties might deal with political actions (eg. declaration of war and peace or creation of formal alliances) Treaties may also govern areas such as trade, commerce and natural resources

General Principle Article 38 of the Statute of the International Court of Justice list general principles of law recognized by “civilized nations” These principles provide a mechanism for addressing international issues

Article 38 The Statute of the International Court of Justice, part of the Charter of the United Nations, defines the sources of international law in the following language: Article 38. (1) The Court, whose function is to decide in accordance with international law such disputes as are submitted to it, shall apply: (a) international conventions, whether general or particular, establishing rules expressly recognized by the contesting states; (b) international custom, as evidence of a general practice accepted as law; (c) the general principles of law recognized by civilized nations; (d) subject to the provisions of Article 59, 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,

Judicial Decisions and Teachings Decisions made by the International Court of Justice and domestic courts are considered to be of persuasive value Means these decisions can be consulted but they have no binding force