Sage-Tips

What are the secondary sources of international law?

Treaties, custom, and principles of law are sometimes referred to by lawyers and librarians with a common law background as “primary sources” of international law. Judicial decisions and the teachings of publicists are sometimes referred to as “secondary sources” or evidence of international law rules.

What are the different sources of international law as per Article 38 1 of the Statute of ICJ?

Article 38(1) of the Statute of the International Court of Justice (ICJ) lists four sources of international law: treaties and conventions, custom, general principles of law, and judicial decisions and teachings. The ICJ only hears lawsuits between nation-states.

What are the sources of international law according to the ICJ statute?

Sources of international law include treaties, international customs, general widely recognized principles of law, the decisions of national and lower courts, and scholarly writings. They are the materials and processes out of which the rules and principles regulating the international community are developed.

What are 3 sources of international law?

The primary sources you will use are:

• Treaties.
• Customary International Law.
• Principles of International Law.
• Writings of Publicists.
• Judicial Decisions.
• Non-Legally Binding Instruments.

What are primary and secondary sources of law?

Primary legal sources are the actual law in the form of constitutions, court cases, statutes, and administrative rules and regulations. Secondary legal sources may restate the law, but they also discuss, analyze, describe, explain, or critique it as well.

What are the types of international law?

International Law can be broadly divided into three types: Public International law, Private International law and Supranational Law.

What is the difference between primary and secondary sources of international law?

What are the sources of international law Article 38?

Consequently, scholars, lawyers, and others involved with international law have been looking into the four sources of law that Article 38 enumerates: international conventions, international custom, the general principles of law, and judicial decisions and the teachings of the ‘most highly qualified publicists’.

What are the sources of international law PDF?

The article refers to the primary sources of international law which are enumerated below:

• Custom as a Source of International Law.
• Convention as a source of International Law.
• General Principle of International Law.
• Judicial Decision.
• Juristic writings and teachings.
• The doctrine of Recognition – Creation of Statehood.

Which of these sources of international law is not provided for under Article 38 1 of the ICJ statute?

There are other sources of law outside article 38 that cannot be categorised as conventions, customs, and general principles. These sources include Jus cogens norms and unilateral declarations.

What is secondary law?

Secondary Law consists of sources that explain, criticize, discuss, or help locate primary law. Examples of secondary legal sources include: o Legal dictionaries. [Black’s Law Dictionary, Nolo’s Plain English Law Dictionary] o Legal encyclopedias and digests.