Grizelda, S.H., M.H. - Hukum Internasional (Sumber-sumber Hukum Internasional)

Summary

This lecture provides an insightful overview of international law, focusing on its core sources as outlined in Article 38, paragraph 1 of the Statute of the International Court of Justice. Key topics include treaties, international customs, general principles of law, and judicial decisions. The lecturer explains various classifications of treaties, their formation procedures, and distinctions between bilateral and multilateral agreements. Additionally, the lecture touches upon how customs are recognized as law, the significance of general principles, and the role of scholarly opinions and decisions from international organizations in shaping international law.

Takeaways

• 😀 International law sources are discussed, particularly focusing on the International Court of Justice's Statute Article 38, which lists four main sources of international law.
• 😀 The first source is international treaties, which can take many forms such as conventions, charters, protocols, and agreements. Treaties must be written and governed by international law to be valid.
• 😀 According to the 1969 Vienna Convention, an international treaty is a written agreement between countries and governed by international law, with key elements such as agreement between countries, written form, and compliance with international legal standards.
• 😀 The 1986 Vienna Convention expands the definition of international treaties to include agreements not only between states but also with other subjects of international law.
• 😀 International treaties can be classified into 'law-making treaties' that create general rules open to third parties, and 'treaty contracts' that create specific rules for the involved parties only.
• 😀 Treaties can be bilateral (between two countries) or multilateral (involving multiple countries).
• 😀 The creation process of treaties can be either two-stage (negotiation and signature) or three-stage (negotiation, signature, and ratification), with three-stage treaties typically being law-making treaties.
• 😀 The duration of international treaties can either be fixed (with a specified validity period) or indefinite (remaining valid until terminated by the parties).
• 😀 Customary international law forms the second source of international law. It must be a general practice followed by states consistently and accepted as law.
• 😀 The third source is general principles of law, which are fundamental legal norms applicable across various areas of law and can invalidate treaties conflicting with these principles.
• 😀 Court decisions and scholarly opinions provide the fourth source of international law, supplementing the first three sources. Additionally, decisions of international organizations are becoming increasingly important in international law, although not formally included in Article 38 of the ICJ Statute.

Q & A

What is the primary source of international law according to Article 38(1) of the Statute of the International Court of Justice?

The primary sources of international law according to Article 38(1) of the Statute of the International Court of Justice are international treaties, international customs, general principles of law, judicial decisions, and the opinions of legal scholars.

What are the four main sources of international law mentioned in the lecture?

The four main sources of international law mentioned in the lecture are international treaties, international customs, general principles of law, and judicial decisions and scholarly opinions.

How does the Vienna Convention of 1969 define an international treaty?

The Vienna Convention of 1969 defines an international treaty as an agreement between states that is in writing and governed by international law.

What is the difference between a 'law-making treaty' and a 'treaty contract'?

A 'law-making treaty' creates general rules applicable to the international community at large and is open to third-party participation, while a 'treaty contract' creates specific rules that apply only to the parties involved, such as border agreements between two countries.

What are the two main types of treaties based on the number of parties involved?

The two main types of treaties based on the number of parties involved are bilateral treaties (involving two states) and multilateral treaties (involving multiple states).

What are the two stages in the treaty-making process for some treaties?

The two stages in the treaty-making process for some treaties are negotiation and signing. The treaty becomes effective once it is signed by the parties.

What are the criteria for an international custom to be considered a source of international law?

For an international custom to be considered a source of international law, it must involve a general practice by states that is followed consistently and must be accepted as legally binding by states without objections.

What is meant by 'general principles of law' in international law?

General principles of law refer to fundamental legal norms that are universally accepted across various legal systems and cannot be violated. These principles form the basis for determining the validity of treaties and agreements.

Can judicial decisions influence the development of international law?

Yes, judicial decisions, such as those made by the International Court of Justice (ICJ), play an important role in the development and interpretation of international law.

How do decisions made by international organizations contribute to international law?

Decisions made by international organizations, such as the United Nations or ASEAN, contribute to international law by creating binding rules for member states, and their influence is gradually growing in the international legal community.