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Sources of International Law

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Sources of International Law
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Sources of international law
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Sources of international law refers to where states, organizations, individuals and courts can find principles of international law. One broadly accepted definition of sources of international law includes Article 38 of the ICJ Treaty. According to this article, theInternational Court of Justice shall apply the following sources of law, ranked in order of precedence: 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.
Subject of International Law
In Public international law, the subjects of international law traditionally included states. Since the establishment of international criminal tribunals, individuals are also proper subjects of international law. Other international actors include transnational corporations, nonstate actors, terrorist groups. The regulation of these actors' activities in the international sphere is one of the most pressing concerns of contemporary international law. * * * * * A subject of international is (1) an individual, body or entity; (2) recognized or accepted; (3) as being capable of possessing and exercising; (4) rights and duties; (5) under international law. (Dixon) * Subjects of international law are States and non- State actors like individuals and international organizations. Some argue that international non-governmental organizations and multinational companies also fall into the category of subjects of

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    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…

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