• Treaties or conventions

• Customs

• General principles of law recognized by civilized nations

• Decisions of judicial and arbitral tribunal

• Juristic work

• Decisions of organs of International Institutions

• Other sources

First three sources are called direct / primary / formal sources. Rest of them are indirect / secondary /
material sources.

According to Article 38(1) of statutes of ICJ only the first five are sources of international law.

Definition of a treaty: It is an agreement whereby two or more states establish or seek to establish a
relationship between them governed by International Law.

(Article 2 of Vienna Convention on Laws of Treaties 1969)

Law Making Treaties

Law making treaties perform the same function in an international field as legislation does in state field.

Law making treaties are the means through which international law can be adapted in accordance with
changing times and circumstances.
They provide two types of laws:


Treaties which give laws of universal nature e.g., UN Charter

 Treaties which give general principles e.g., Laws of treaties, 1969.

Treaty Contracts
Treaty contracts are entered into by two or more states and the provisions of such treaties are binding
only on the parties to the treaty.

Difference between usages and customs:

Usages are non-binding in nature, while customs are binding in nature.

Usages are initial stage of customs, while customs are final stage of usages.

Essential elements of customs:

 Long duration is not necessary

 Complete uniformity is not required, but substantial uniformity is required.

Generality of practice

 Opinio juris: Customs must be recognized as required by international law.

General Principles of Law Recognized by Civilized Nations

 These are the principles which are recognized not only by domestic law, but also by
international law.

 They have been followed in laws of different civilizations i.e., Roman law, Islamic law etc.
 These are the principles which are a necessary response to human association (Society) e.g., Res
judicata, estoppel

Judicial Tribunal:

 International Court of Justice is the international forum.

 According to Article 59 of statutes of ICJ, decision of ICJ is binding upon the parties in that
particular matter.

 According to Article 94 of UN Charter, if one party defies the order of the court (ICJ), the other
party will approach the Security Council and UNSC will implement that decision.

 Doctrine of Precedent: It is not necessary for ICJ to strictly follow it.

 Advisory opinion of ICJ is non-binding in nature.

 Ex aequo et bono (Where the parties agree) (Mian bivi razi tou kya krain Qazi)

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Arbitral Tribunal:

 Permanent Court of Arbitration is the forum (It is neither a court nor permanent)

 Arbitrators are appointed with the consent of parties

 Award is binding upon the parties

 It is not necessary for an arbitrator to strictly follow law. He may give political diplomatic
solution.

Juristic Work

 Although juristic work is not direct source of Int’l Law, yet the view of jurists helps in the
development of Int’l Law.

Decisions of Organs of International Institutions

 Decisions of organs of international institutions is a source of law

Other Sources

 Reason is always a source of law

 Equity

o It allows the courts / judges to use their discretion and apply justice in accordance with natural
law.

o Equity is a set of maxims

o Quality of being fair and impartial

Short Note

– Acquisition and Loss of Territory

Modes of Acquisition:
 Prescription: Peaceful exercise of de facto sovereignty for a long duration over a territory
subject to the sovereignty of other.

 Accretion: Through natural cause

 Cession: Territory is transferred to another state voluntarily or under compulsion.

 Annexation: When a state conquers a territory

 Lease: Possession transfer while ownership remains with parent state.

 Pledge: Acquiring land in case of non-payment of loan, as agreed beforehand.