Questions on International Law
1. What are the sources of international law?
Sources of international law help us understand what constitutes international law, and how international law is created. It refers to where states, organizations, individuals and the courts can finds principles of international law. Sources of international law can be divided into two main types, which are the primary sources and the subsidiary sources. The article 38 of the statute of the international court of justice establishes the five main sources of international law. They are; International conventions, international custom, general principles of law recognized by the civilized nations, judicial decisions, and the most highly qualified juristic writings of the scholars. The first three are referred as primary sources, and the last two are referred as the secondary sources. Regarding the growing rule of international organizations, recent scholars of international law include the resolutions and other acts of international governmental organizations such as the United Nations as sources of international law.
2. What are the critical differences between Transformation and Incorporation doctrines with regards to treaties?
As International treaties are one of the three main sources of international law, most of the rules which states in the treaties are been accepted in the domestic law. This could be done by following either the doctrine of Transformation, or the doctrine of incorporation. The doctrine of transformation stipulates that the rules of the treaties do not became part of the national law until they have been expressly adopted by the state. In contrast, by the doctrine of Incorporation, a state automatically adopts the treaty law as part of the national law. This doctrine is an automatic reception of the international law into domestic law without the formal needs for official legislation to sanction it and give effect to it.
3. What are the theories of recognition of a state?
Since
Sources of international law help us understand what constitutes international law, and how international law is created. It refers to where states, organizations, individuals and the courts can finds principles of international law. Sources of international law can be divided into two main types, which are the primary sources and the subsidiary sources. The article 38 of the statute of the international court of justice establishes the five main sources of international law. They are; International conventions, international custom, general principles of law recognized by the civilized nations, judicial decisions, and the most highly qualified juristic writings of the scholars. The first three are referred as primary sources, and the last two are referred as the secondary sources. Regarding the growing rule of international organizations, recent scholars of international law include the resolutions and other acts of international governmental organizations such as the United Nations as sources of international law.
2. What are the critical differences between Transformation and Incorporation doctrines with regards to treaties?
As International treaties are one of the three main sources of international law, most of the rules which states in the treaties are been accepted in the domestic law. This could be done by following either the doctrine of Transformation, or the doctrine of incorporation. The doctrine of transformation stipulates that the rules of the treaties do not became part of the national law until they have been expressly adopted by the state. In contrast, by the doctrine of Incorporation, a state automatically adopts the treaty law as part of the national law. This doctrine is an automatic reception of the international law into domestic law without the formal needs for official legislation to sanction it and give effect to it.
3. What are the theories of recognition of a state?
Since