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Ans. Sources - The first five sources find mention in Article 38 of the Statue of International Court of Justice. (1) International Conventions - The term "convention" applies to any treaty, protocol or agreement, regardless of its title or form. According to Article 38 of the Statute of International Court of Justice, it is the first source of international law. In the modern period, international treaties are the most important sources of international law. As defined by Article 2 of Vienna Convention on the Law of Treaties. 1969, "a treaty is an agreement whereby two or more States establish or seek to establish relationship between them governed by international law." (2) International Customs - International Customs used to be the most important source of international law in the past. In the modern period, their importance has lessened. Custom is a habit which has been repeated for a long time and has ultimately assumed the force of law. Usage is the earlier stage of the development of custom. By usages mean those habits which are often repeated by the States. Custom begins where usage ends. Usages may be inconsistent and opposed to each other, but so is not the case with custom. (3) General Principles of Law recognised by the civilized States. - According to Article 38 of the Statute of International Court of Justice, the general principles of law recognised by the civilized nations are also one of the sources of international law. This is an important source of law through which international law adapts itself in accordance with the changing times and circumstances. Res Judicata, estoppel, etc are the examples of the general principles of law recognised by civilized States. The general principles of law are those principles which are recognised by most of the civilized States. When the court finds that a principle has received general recognition, the court may apply it as a principle of international law. Chorzow Factory (Indemnity case), [Pub. P.C.1.J. (1938), Series A, No. 17). - In this case, the Permanent Court of International Justice applied the principle of res judicata also held that one who violates a rule is liable to make reparation. (e) Mavrommatis Palestine Concessions Case, [Pub. P.C.l.J. (1924), Series A, No. 2] - In this case the Court applied the general principle of subrogation. (g) Bracelona Traction Case, Preliminary Objections, (I.C.J. Rep (1964), p. 6] - In this case also the International Court of Justice applied the principle of estoppel. (4) Decisions of Judicial and Arbitral Tribunals - The decisions of Judicial and Arbitral Tribunals are also the sources of International Law. But according to Article 38 of the International Court of Justice, they are subsidiary means for the determination of the rules of law. This source includes international as well as State decisions. As regards the decisions of the International Court of Justice, Article 59 of the Statute of International Court of Justice provides that they will have "no binding force except between the parties and in respect of that particular case". Since the doctrine of precedent does not apply in field of international law the international judicial decisions are not generally binding. They are regarded as subsidiary means for the determination of the rules of international Law. The arbitral decisions have still less value because it is generally said that arbitrators work more as mediators rather than as judges. (5) Justice Works. - The opinions of jurists are also regarded as sources of International Law. But they are also subsidiary means for the determination of the rules of international law. While deciding the case, if the court does not find any treaty or judicial decision or legislative act or any established custom, the court may take the help of opinion of jurists as subsidiary means for the determination of rules of international law. (6) Decisions or determinations of the organs of international institution - In the modern age the decisions or determinations of organs of international institutions are also treated as sources of International Law. International organisations have also become a subject of international law. The decisions and determinations of the organs of such institutions are also, therefore, regarded as the source of international law because they help in the development of customary rules or international law. The International Court of Justice has recognized it in a number of cases such as South West African Cases (1996) EE.) A Ot) itioS in Cases (1996), Military and Para Military Activities in and against Nicaragua, (1986).

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