CHAPTER- 2 CLASSIFICATION OF SOURCES OF INTERNATIONAL LAW 2.1. Classification of Sources of International law Source is found in the process by which it becomes identifiable as a rule of conduct with legal force and from which it derives legal validity. The various sources of international law are inferred from Article 38 of ICJ. Article 38 of ICJ states: 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. This provision shall not prejudice the power of the Court to decide a case ex aequo et bono, if the parties agree thereto. Article 38 is the recognized complete statement of sources of law. It does not refer to sources directly. Sources mentioned in clause (a) are not a primary source. It is a source of rules of general application, although treatise may provide evidence of formation of custom. Source in clauses (b) & (c) are formal sources and (d) refers to material sources. However some jurists do regard the last clause as formal source.1 Article 38 lacks the hierarchy of the sources mentioned and is an incomplete list of sources. It is purely descriptive in nature.2 1. Primary & Secondary Sources: Primary sources in relation to international law are the ones which have been present before any codification of the same has taken place. They are laws which exist but are not legally binding. Public international law has three primary sources: international treaties, customs and general principles of law. For example, laws of
International law, body of rules considered legally binding in the relations between national states, also known as the law of nations. It is sometimes called public international law in contrast to private international law (or conflict of laws), which regulates private legal affairs affected by more than one jurisdiction.
• International law
• List of works cited
Law is a concept of governance that involves the stipulation and establishment of rules and regulations that are enforced to shape politics, economics, and society. It is put in place by various governmental institutions to govern a community. Law moderates our day–to-day lives with regards to human relationships. It has various concepts to it; company law, property law, trust law….
Individual in International Law
Institution of Learning:
The Role of an Individual in International Law
At a glance, one may assume that individuals do not play a significant role in international law. International law may seem too broad to encompass individuals in any society. This is because that international law has no jurisdiction. It applies regardless of the local jurisdiction sometimes even overriding local legislation. Courts may use international law to pass judgement….
Chennai - 020
SECOND SEMESTER EMBA/MBA
Subject: International Law
(answer should be of minimum 2 pages / of 300 words)
1. Explain the origin & nature of International Law its legal powers .
International law has developed historically and philosophically over many centuries, in many cultures and a rudimentary system of international law existed even in ancient societies. Persons from even the most diverse historical….
identify the various methods of peaceful settlement of international disputes between States. Second is to illustrate how important it is to have a combination and interaction between these various methods in order to solve an international dispute. Lastly, is to prepare a legal-brief to advise State C on the principles and applications of dispute settlement at the international arena.
a) Various Methods of Peaceful Settlement of International Disputes between States.
Peaceful settlement of dispute….
2. Effective jurisdiction of International law
3. Enforcement by States
4. Sources of implementation
International law after world war II grew by leaps and bounds due to absence of one International law regulating authority. For International law to be effective states must owe allegiance to an international organization and states are accountable of their actions on….
International Organizations are attempting to target and eliminate child labour beginning by pinpointing the problem itself and understanding the reasons for it.
UNICEF’s latest statistics from 2011 indicate that one in every six children aged five to fourteen are engaged in child labour in developing countries. The International Labour Organization (ILO) says there are over two hundred and fifteen million children working worldwide either part time or full time jobs. Furthermore….
International Law |
In Completion of: |
Professor: Dr. Jones
Clifton R. Cooper Jr.
For many years, Greece and Turkey have found themselves glaring uneasily at each other. Under the Aegean Sea between them, oil could be found. The question came up, “who owns it?” Both countries claimed the areas as being within their territorial waters. Billions of dollars were at stake. Wars have been started for less; and, the two countries….
Chapter-1 DEFINITION AND CONCEPT OF INTERNATIONAL LAW 1. Definition: International Law or the law of Nations as it was called, have been given many definitions. The understanding and the definition changed with the development of time. Here is the small effort to carve out certain important definitions as given by certain very famous scholars of their times. Oppenheim “Law of Nations or International Law is the name for the body of customary and treaty rules which are considered as binding by the….
I. PUBLIC INTERNATIONAL LAW
• Law that deals with the conduct of States and international organizations, their relations with each other and, in certain circumstances, their relations with persons, natural or juridical (American Third Restatement).
Basis of International Law
1. Law of Nature School – based on rules of conduct discoverable by every individual in his own conscience and through application of right reasons.
2. Positivist School – agreement of sovereign states to be bound….