Sources of international law | LexIcon
Summary
TLDRThis video script delves into the sources of public international law, tracing the history from the Permanent Court of International Justice to the International Court of Justice (ICJ). It highlights Article 38 of the ICJ Statute, which outlines the primary sources: international conventions (treaties), international custom, general principles of law, and subsidiary sources like judicial decisions and teachings of publicists. The script also discusses the relationship between these sources, emphasizing their equality and the absence of hierarchy.
Takeaways
- đ The International Court of Justice (ICJ) was established after the Second World War, replacing the Permanent Court of International Justice.
- đ Article 38 of the ICJ's statute outlines the sources of international law, which include international conventions, international custom, general principles of law, and judicial decisions and teachings of publicists.
- đ International conventions, or treaties, are agreements in written form between states governed by international law, with examples ranging from the United Nations Charter to the Brexit Withdrawal Agreement.
- đ International custom consists of a general practice among states and a belief that the practice is legally obligatory, known as opinio juris.
- đ Customary international law governs areas not covered by written treaties, filling gaps in international agreements.
- đ General principles of law are abstract and not codified, but include principles such as good faith, respect for human dignity, and proportionality in measures and punishment.
- đ€ There are two approaches to the relationship between treaty law, customary international law, and general principles of law: one views them as separate, while the other considers general principles as part of treaty and customary law.
- đ Judicial decisions and teachings of the most highly qualified publicists are considered subsidiary means for determining the rules of law, used for interpretation, application, and development.
- đ There is no hierarchy among the main sources of international law; treaty law, customary international law, and general principles of law are all considered equal.
- đŹ The video encourages viewers to engage with the content by asking questions and discussing their views on the relationship between different sources of international law.
- đ The presenter signs off with an invitation for questions and a promise to return in future videos.
Q & A
What is the role of the International Court of Justice (ICJ) in international law?
-The ICJ's role is to decide disputes submitted to it in accordance with international law, applying various sources of law as outlined in its statute.
When was the International Court of Justice established?
-The International Court of Justice was established in 1945, following the Second World War, replacing the Permanent Court of International Justice.
What are the sources of international law as per Article 38 of the ICJ Statute?
-The sources of international law according to Article 38 of the ICJ Statute include international conventions, international custom, general principles of law, and judicial decisions and teachings of the most highly qualified publicists.
What is meant by 'international conventions' in the context of international law?
-International conventions are treaties concluded in written form between states, governed by international law, and can have any subject matter.
Can you provide examples of international conventions mentioned in the script?
-Examples of international conventions include the United Nations Charter, the North Atlantic Treaty (NATO), the Schengen Agreement, the Minsk Protocol of 2014, and the Brexit Withdrawal Agreement.
What are the two elements that constitute international custom?
-International custom is constituted by general practice, which is a common practice among states, and a belief that the practice is a legal obligation, known as opinio juris.
What are the general principles of law recognized by civilized nations?
-General principles of law include good faith, respect for human dignity, protection of human rights, and the principle of proportionality.
How do judicial decisions and teachings of publicists contribute to international law?
-Judicial decisions and teachings of publicists serve as subsidiary means for the determination of rules of law, aiding in the interpretation, application, and development of international law.
Is there a hierarchy among the sources of international law as per the script?
-No, there is no hierarchy among the sources of international law. Treaty law, customary international law, and general principles of law are all considered equal.
What is the difference between primary and secondary sources of international law?
-Primary sources are the main sources of law, such as treaties and custom, while secondary sources, like judicial decisions and teachings, are supplementary and used for interpretation and development of law.
How do the approaches to the relationship between treaty law, customary international law, and general principles of law differ?
-One approach views treaty law, customary international law, and general principles of law as separate and autonomous, while another approach sees general principles of law as part of treaty law and customary international law.
Outlines
đ Introduction to International Law Sources
This paragraph introduces the topic of the video, which is the sources of international law. It provides a brief historical background, mentioning the establishment of the Permanent Court of International Justice in 1920 and its replacement by the International Court of Justice (ICJ) after the Second World War. The paragraph also references Article 38 of the ICJ Statute, which outlines the sources of international law, including international conventions, international custom, general principles of law, and judicial decisions and teachings of publicists.
đ International Conventions and Treaties
This section delves into international conventions, which are essentially treaties between states in written form governed by international law. It explains that whether a treaty is general or particular, it establishes rules that the signing states have agreed upon. Examples of well-known treaties from the 20th and 21st centuries are provided, such as the United Nations Charter, the North Atlantic Treaty, the Schengen Agreement, the Minsk Protocol, and Brexit withdrawal agreements.
đ Customary International Law
The paragraph discusses customary international law, which consists of two elements: general practice among states and the belief that this practice is legally obligatory, known as opinio juris. It clarifies that customary law governs areas not covered by written treaties and emphasizes the importance of identifying a general practice and the legal obligation associated with it.
đ General Principles of Law
This section introduces general principles of law, which are abstract and not precisely listed. It provides examples of such principles, including good faith, respect for human dignity, and the principle of proportionality. The paragraph also presents two approaches to the relationship between treaty law, customary international law, and general principles of law, leaving the viewer to decide which perspective they agree with.
đšââïž Judicial Decisions and Publicists' Teachings
The final part of the script addresses the role of judicial decisions and the teachings of the most highly qualified publicists as subsidiary means for determining the rules of law, according to Article 38. It explains that these are traditionally viewed as supplementary means for the interpretation, application, and development of law and discusses the distinction between primary and secondary sources, as well as the International Law Commission's view that general principles of law are also primary sources.
Mindmap
Keywords
đĄInternational Law
đĄSources of International Law
đĄPermanent Court of International Justice
đĄInternational Court of Justice (ICJ)
đĄTreaties
đĄCustomary International Law
đĄGeneral Principles of Law
đĄOpinio Juris
đĄJudicial Decisions
đĄTeaching of Publicists
đĄHierarchy of Sources
Highlights
Introduction to the sources of international law
Historical context: Establishment of the Permanent Court of International Justice in 1920
Formation of the United Nations and the International Court of Justice post-World War II
Article 38 of the ICJ Statute outlines the sources of international law
International conventions as a source of law, including treaties
Definition and examples of international conventions
Customary international law based on general practice and opinio juris
General principles of law and their abstract nature
Examples of general principles of law: good faith, respect for human dignity
Debate on the autonomy of treaty law, customary law, and general principles of law
Judicial decisions and teachings of publicists as subsidiary means for law determination
Article 38 positions these subsidiary means as tools for interpretation and development of law
Distinction between primary and secondary sources of international law
International Law Commission's view on general principles as primary sources
Absence of hierarchy among treaty law, customary law, and general principles of law
Encouragement for viewers to ask questions and engage with the content
Transcripts
welcome to lexicon your visual guide to
public international law today we will
finally speak about sources of
international law but first a little bit
of history so in 1920 during of Nations
is established it had its own judicial
organ which was called the permanent
Court of international justice after the
Second World War in 1945 the United
Nations is established together with its
own court the International Court of
Justice or the ICJ in the year after the
PC I J the previous court got completely
replaced by the ICJ and the statute of
the International Court of Justice
article 38 contains sources of
international law it says the court
whose function is to decide in
accordance with international law such
disputes as are submitted to it
shall apply international conventions
whether general or particular
establishing rules expressly recognized
by the contesting States international
custom as evidence of a general practice
accepted as law the general principles
of law recognized by civilized nations
and finally traditional decisions and
the teachings of the most highly
qualified publicists of the various
nations let's begin with the
international conventions which are in
fact treaties treaty is an international
agreement concluded between states in
written form and governed by
international law so whether general or
particular means that it can have any
subject matter establishing rules
expressly recognized by the contesting
States this means then when signing the
treaty states have themselves agreed to
these rules here are some examples of
the treaties that you definitely have
heard of 20th century 1939 Malta
Ribbentrop pact then the United Nations
Charter for example the North Atlantic
Treaty establishing NATO or the Schengen
Agreement 21st century treaties the
Minsk protocol of 2014
first climate agree
or the brexit withdrawal agreements
let's now move towards custom evidence
of a general practice accepted as long
as you can see it has two elements first
general practice when certain practice
becomes common among States and second
accepted as law when there is a belief
that a certain practice is a legal
obligation this is called opinion URIs
so we have a legal area of a problem and
not say part of it is regulated by a
written or a codified treaty and so
customary international law would govern
parts that are not governed by treaty
general principles of law there are
quite abstract nature because the
content is not written down and there is
no precise list of such principles but
to give you some examples good faith
principle that the conduct shall be
honest and fair respect for human
dignity that protection of human rights
is an important principle of
humanitarian and human rights law
principle for personality but certain
matters beat court measures punishment
certain interference or anything else
shall be proportionate to the purpose
that it aims to achieve in fact two
approaches exist here first approach
provides that treaty law customary
international law and general principles
of law are all separate and autonomous
the second approach provides that the
general principles of law are part of
treaty law and customary international
law you decide which one you agree with
finally judicial decisions and the
teachings of the most highly qualified
publicists article 38 itself provides
that these are subsidiary means for the
determination of rules of law so these
are traditionally viewed as
supplementary means used for
interpretation application and
development of law there is a
distinction between primary and
secondary sources and some authors claim
that treaties and custom are primary and
then the rest are secondary sources
however
approach of the international law
Commission is that general principles of
law also fall under primary sources of
international law is there any hierarchy
among these no main or primary sources
of international law are not in a
hierarchical relationship among
themselves so treaty law customary
international law and general principles
of law are all equal that is it for
today I hope this has been useful if you
have any questions definitely leave them
below and I see you very soon
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