Sources of international law

Since there is no world government, there is no world Congress or parliament to make international law the way domestic legislatures create laws for one country. As such, there can be significant difficulty in establishing exactly what is international law.

Sources of international law

Books in the Law Library on Sources of International Law Teachings of 'Highly Qualified Publicists' The writings of jurists are important in describing and analysing evolving norms and identifying general principles of law. In the absence of decisions of international tribunals, the body of international legal doctrine depends on the articulation of jurisprudence in books and journal articles.

Available on open access at SSRN.

Introduction

General Principles of Law The 'general principles of law as recognised by civilized nations' have been traditionally recognised by courts as a source of international law, using judicial reason and logic to abstract the normative rule.

Sources of International Law There is no central international body that creates public international law; it is created by several sources. The Court, whose function is to decide in accordance with international law such disputes as are submitted to it, shall apply: Further information regarding these sources is provided in this Research Guide under the headings and links listed below:The third source of international law is based on the theory of “natural law,” which argues that laws are a reflection of the instinctual belief that some acts are right while other acts are wrong.

"This fifth edition of Public International Law in a Nutshell is a concise yet accurate summary of the field of public international law, covering its basic sources, actors, and procedures, and key subject matter areas, such as human rights, the law of the sea, international environmental law, the law of war, and U.S.

foreign relations law.". international law but they are not themselves creative of law and there is a danger in taking an isolated passage from a book or article and assuming without more that it accurately reflects the content of international law.

Sources of international law include treaties, international customs, general principles of law as recognized by civilized nations, the decisions of national and lower courts, and scholarly writings. • Article 38(1) of the statute of the International Court of Justice is widely recognized as the most authoritative statement as to the sources of International law.

Search form

4. The law applicable in ICJ, sec 38(1 and 2) On the basis of Article 38 of ICJ Statute, 5 distinct sources can be identified: 1. International law devotes a great deal of attention to its sources.

Scholars have produced a large body of work about both the conditions under which treaties, custom, or general principles of law bind actors.

Sources of international law
What Are the Sources of International Law? | Globalization