International law explained Sources of Public International Law

Summary

The script explores the sources of international law, explaining how they differ from national law systems. It highlights key sources, including treaties, which are binding international agreements between states; customary law, which arises from state practice and opinio juris (belief that practices are legally binding); and other sources such as judicial decisions, publicists, and general principles of law recognized by civilized nations. The international legal system lacks the hierarchy found in national laws, and these sources play crucial roles in shaping and enforcing global legal standards.

Takeaways

• 😀 The term 'source of law' refers to legal rules governing the international community.
• 😀 Unlike national laws, there is no hierarchy in international law specifying sources of law.
• 😀 The International Court of Justice (ICJ) has a catalog of sources it uses when deciding disputes.
• 😀 The first source of international law is international treaties, which are binding agreements between states.
• 😀 Treaties can be general or particular, bilateral, regional, or multinational.
• 😀 Customary law is the second source of international law, based on general state practices accepted as law.
• 😀 Customary law consists of two parts: state practice and opinio juris.
• 😀 State practice refers to the material part of customary law, which involves what states do and say.
• 😀 Opinio juris refers to the acceptance of states' actions as legally binding by the international community.
• 😀 Examples of customary law include the international acceptance of self-defense as a legal act.
• 😀 Other sources of international law include judicial decisions, writings of publicists, and general principles recognized by civilized nations.

Q & A

What is meant by the term 'source of law' in international law?

The term 'source of law' refers to the legal rules that govern the international community. Unlike national laws, which are clearly defined in constitutions, international law doesn't have a fixed hierarchy of laws.

How do the sources of law in international law differ from those in national law?

In national law, sources of law are often specified in a constitution and other legal frameworks, which are superior to other laws. In contrast, international law lacks a clear hierarchy and is shaped by multiple sources, such as treaties, customs, and judicial decisions.

What role does the International Court of Justice (ICJ) play in international law?

The ICJ stipulates a catalog of sources of international law that it uses when resolving legal disputes between states. These sources are foundational in guiding its decisions.

What are treaties in the context of international law?

Treaties are binding international agreements between states, which can be general or specific, bilateral, or multinational. States parties agree in writing to follow the terms of the treaty, making it a key source of international law.

What is customary law, and how is it formed?

Customary law is an unwritten rule in international law, formed by the consistent practice of states and the belief that such practices are legally binding. It is made up of two elements: state practice and opinio juris.

What is the difference between state practice and opinio juris?

State practice refers to the material part of customary law, involving the actual behavior and actions of states. Opinio juris is the belief that these practices are legally obligatory, meaning the international community recognizes them as binding law.

Can you give an example of customary law in action?

An example of customary law is the international consensus that it is legal for a state to act in self-defense. This is widely accepted as a binding legal principle under customary international law.

What are the other sources of international law aside from treaties and customary law?

In addition to treaties and customary law, other sources of international law include judicial decisions from international courts, writings of publicists (legal scholars), and general principles of law recognized by civilized nations.

How do judicial decisions influence international law?

Judicial decisions, particularly those from international courts like the ICJ, contribute to the interpretation and application of international law. They help set precedents and clarify legal principles.

What are the general principles of law in international law?

General principles of law are fundamental concepts recognized by civilized nations, such as fairness and justice. These principles are used to fill gaps in international law and guide its application in various cases.