What are the three main sources of international law?

International relations. Under article 38 of the Statute of the International Court of Justice, international law has three principal sources: international treaties, custom, and general principles of law. In addition, judicial decisions and teachings may be applied as “subsidiary means for the determination of rules of law”.

How is customary law derived from international law?

International treaty law comprises obligations states expressly and voluntarily accept between themselves in treaties. Customary international law is derived from the consistent practice of States accompanied by opinio juris, i.e. the conviction of States that the consistent practice is required by a legal obligation.

Which is an auxiliary source of international law?

Certainly, judicial decisions and juristic writings are regarded as auxiliary sources of international law, whereas it is unclear whether the general principles of law recognized by ‘civilized nations’ should be recognized as a principal or auxiliary source of international law.

Who is the founder of public international law?

International law, also called public international law or law of nations, the body of legal rules, norms, and standards that apply between sovereign states and other entities that are legally recognized as international actors. The term was coined by the English philosopher Jeremy Bentham (1748–1832).

Where can I find the sources of international law?

As it was already mentioned above, the sources of international law can be found in Article 38 (1) of the statute of the International Court of Justice. The following sources are known as the four sources of the international law: International conventions, establishing rules expressly, recognised by the states Judicial decisions of internat.

Which is not an automatic source of international law?

According to Article 38 of the Statute of the International Court of Justice, Judicial Decisions are subsidiary sources of International Law. They are not the automatic sources of law. Judicial Decisions by International Court of Justice, Permanent Court of Justice, International Arbitral Tribunal and Municipal Courts.

Which is the second source of international law?

Conventional and customary rules of International Law are not the only source of International Law, but they fill the gap in absence of law making authority. Custom is the older and original Source of International Law. It is as such Second Important source of International Law.

How is international custom related to common law?

International custom has developed by spontaneous practice and reflects a deeply felt community of law. Its rules are regarded as possessing density and stability and it is the repository of the general or common law of the nations. There is another Source of International Law that is General Principles of Law.