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.

Outlines

00:00

📜 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.

🏛 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.

🌐 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.

📚 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.

👨‍⚖️ 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.

Keywords

💡International Law

International Law refers to the set of rules and principles governing the relationships between nations and other entities in the international community. It is a crucial part of global governance and ensures the peaceful coexistence of states. In the video, international law is the central theme, with a focus on its sources and how it is applied by the International Court of Justice (ICJ).

💡Sources of International Law

The sources of international law are the various means by which international law is created and recognized. These include treaties, customary international law, general principles of law, and judicial decisions. The video script discusses these sources in detail, emphasizing their importance in the functioning of the ICJ.

💡Permanent Court of International Justice

The Permanent Court of International Justice was the judicial organ of the League of Nations, established in 1920. It was replaced by the International Court of Justice after World War II. The term is significant in the video as it sets the historical context for the current judicial organ, the ICJ.

💡International Court of Justice (ICJ)

The ICJ is the principal judicial organ of the United Nations, established in 1945. It settles legal disputes submitted by states and gives advisory opinions on legal questions. The video explains that the ICJ applies the sources of international law as outlined in its statute, particularly Article 38.

💡Treaties

Treaties, also known as international conventions, are agreements between states that are governed by international law. They are a primary source of international law, as they establish rules that states have expressly recognized. Examples mentioned in the video include the United Nations Charter, the North Atlantic Treaty, and the Schengen Agreement.

💡Customary International Law

Customary international law is formed by a general practice that states follow out of a sense of legal obligation. It consists of two elements: general practice and the belief that the practice is required by law (opinio juris). The video explains that customary law governs areas not covered by treaties.

💡General Principles of Law

General principles of law are abstract legal norms that are recognized by civilized nations. They include principles such as good faith, respect for human dignity, and proportionality. The video discusses these principles as a source of international law, with examples provided to illustrate their application.

💡Opinio Juris

Opinio juris refers to the belief that a certain practice is legally required. It is a key component of customary international law, as it signifies that states follow a practice not merely out of convenience but because they consider it a legal obligation. The video script uses this term to explain the formation of customary law.

💡Judicial Decisions

Judicial decisions are rulings made by international courts, such as the ICJ, which help to interpret, apply, and develop international law. The video mentions that, according to Article 38 of the ICJ statute, judicial decisions are considered subsidiary means for determining the rules of law.

💡Teaching of Publicists

The teachings of publicists refer to the works of highly qualified scholars in the field of international law. These teachings can influence the development and understanding of international law, particularly in areas where the law is not explicitly codified. The video script includes this as a source of international law, highlighting its role in shaping legal principles.

💡Hierarchy of Sources

The hierarchy of sources refers to the relative importance or precedence of different sources of international law. The video script clarifies that there is no strict hierarchy among treaty law, customary international law, and general principles of law; they are all considered equal 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