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Various Sources Of International Law Add in library

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Question:

What International Law is, and the various sources of international law?

 

Answer:

International law is the set of rules which have to be followed by the different countries of the world while dealing with each other. In this regard, there are three separate legal processes that are present under International Law. These are Public, Private and the Supranational Law. The public international law deals with the relationship among the sovereign states and the international bodies like the International Criminal Court. On the other hand, the private international law is related with the question of jurisdiction in conflict. Similarly the supranational Law provides a set of collective laws that are voluntarily followed by the sovereign states. In this way, the set of rules that are provided by the international law are generally considered an accepted as binding by the States. International law provides a framework that can be used for maintaining stable and organized relations between different countries of the world. The difference that is present between international law and the domestic law of different countries of the world is that the international law mainly applies to various nations instead of being applicable to be private citizens. In some cases, the domestic law may also be treated as international law when international jurisdiction is dedicated to the supranational tribunals, for example the International Criminal Court or the European Court of Human Rights. However, the pacts like the Geneva Convention may also need that the respective parts should confirm to the national law.

Sources:

Article 38(1), Statute of International Court of Justice provides the most significant statement related with these sources. On the basis of this statute, the major sources can be described as:-

(i) International treaties or conventions  

(ii) International customs

(iii) General principles of law: These general principles are considered as the source of international law because these principles are recognized by all the states and also by all the legal systems. In this way, these general principles forward the principles of justice and equity. These basic principles are indisputable and they also provide the mechanism in which those international issues can be addressed which are not already subject to binding customary rules or treaty provisions.

(iv) Judicial decisions as well as the writings of eminent jurists

(v) Reason and Equity (Ex aequo et bono)

(vi) Custom: Apart from these, it has been mentioned in the Statute of ICJ in Article 38(1) that international customs are also recognized as being the international law’s sources. In this regard, the Statute mentions that the international customs provide the evidence regarding the general practice that has been accepted by law. There are other source of international law as well. These can be described as:-

(vii) Draft Conventions

(viii) Equity and Justice

(ix) Legally binding resolutions passed by international organizations

(x) State Practices

I Brownlie, Principles of Public International Law (OUP 2008)

Slomanson, William (2011). Fundamental Perspectives on International Law. Boston, USA: Wadsworth

Janis, Mark W. 1988. An Introduction to International Law. Boston: Little, Brown.

Pagden, Anthony (1991). Vitoria: Political Writings (Cambridge Texts in the History of Political Thought). UK: Cambridge University Press

 

References

I Brownlie, Principles of Public International Law (OUP 2008)

Slomanson, William (2011). Fundamental Perspectives on International Law. Boston, USA: Wadsworth

Pagden, Anthony (1991). Vitoria: Political Writings (Cambridge Texts in the History of Political Thought). UK: Cambridge University Press

Janis, Mark W. 1988. An Introduction to International Law. Boston: Little, Brown.

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