Sources of International Law
The sources of international law reflect the dynamic and evolving nature of international relations.
Sources of International law mean those origins from where it attains its authority and coercive agency. According to the provisions of the Statute of International Court of Justice, there are the following sources, on the basis of which the Court can decide a case. Sources of International Law 1. Treaties The term treaty may be defined as “the agreement entered into by Nation-states for their relations with each other and to undertake certain duties, obligations and rights is said to be...
Sources of International law mean those origins from where it attains its authority and coercive agency. According to the provisions of the Statute of International Court of Justice, there are the following sources, on the basis of which the Court can decide a case.
Sources of International Law
1. Treaties
The term treaty may be defined as “the agreement entered into by Nation-states for their relations with each other and to undertake certain duties, obligations and rights is said to be a treaty.” The statute declares that the Court shall have to decide any dispute between the Nation States in accordance with the provisions of the treaty between them if existed.
2. Customs
Customs are those habits and practices which the nation’s states commonly observe and the violation of which is considered as against the courtesy of International behaviour.
There are certain practices that the world community observes without any express provisions but because of practice, they honour the same. So if there is no treaty between the parties to a dispute then the statute binds the Court to decide the case in the light of such international customs.
3. General Principals of Law Recognized by Civilized Nations
There are certain principles of law, which have been incorporated, in the domestic laws of many countries because of their universal application. So, in default of any treaty or international custom, the statute reveals that the court then shall have to decide the case in the light of such general principles of law as recognized by civilized nations of the world.
4. Judicial Decisions
Usually, the Judicial decisions of the International Court of Justice are not binding and they have no value in the sense that they are related and binding only to that certain case for which they have given. And they cannot be cited as a strict reference in any other case. But despite the fact, the Statute reveals that in case of default of all the above sources the court shall resort to the prior judicial decisions.
5. Juristic Works
The jurists or publicists also declares rules by legal philosophy and analogy and also by comparing different legal systems of the world and they also analyze the historical perspectives of the different legal systems of the world. So, as they have devoted their lives to legal study, they must be deserved to consult in deciding a dispute.
In other words, their opinion on a specific question of law weights because of their valuable experiments and sound study on the topic. So, the statute further reveals that if there is no treaty, legal custom and general principles of law then the Court shall resort to writings of these jurists.
6. Other Sources
Besides the above sources, there are also some other sources that courts can resort to for the decision of a case. For example “Equity” and the resolution by the UN organization. Nowhere in the statute, these sources have been declared for the Court to derive law but by practice, the common and universal principles of equity have been observed by the courts while deciding cases.
And also the UN organization when passes a resolution on the specific subject Court feels its moral duty to decide the case in the light of such resolution if there are no express provisions for deciding a case.