Sources of international law | LexIcon

Summary

This 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

• 📜 The International Court of Justice (ICJ) was established after the Second World War, replacing the Permanent Court of International Justice.
• 📚 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.
• 🏛 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.
• 🔍 International custom consists of a general practice among states and a belief that the practice is legally obligatory, known as opinio juris.
• 🌐 Customary international law governs areas not covered by written treaties, filling gaps in international agreements.
• 📝 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.
• 🤔 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.
• 📊 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.
• 🔑 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.
• 💬 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.
• 👋 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.