This reading assignment outlines the key sources of international law obligations:
1. Treaties and conventions between states are formal sources of international law. Customary international law and general principles of law are also primary sources according to the ICJ Statute.
2. Customary international law is formed from state practice and opinio juris and shown in court cases like Nicaragua v. US. It includes international humanitarian law.
3. General principles of law, like estoppel, the binding force of contracts, and nullem crimen are drawn from domestic legal systems and applied internationally.
4. Judicial decisions and scholarly writings provide evidence of these binding legal obligations between states.
This reading assignment outlines the key sources of international law obligations:
1. Treaties and conventions between states are formal sources of international law. Customary international law and general principles of law are also primary sources according to the ICJ Statute.
2. Customary international law is formed from state practice and opinio juris and shown in court cases like Nicaragua v. US. It includes international humanitarian law.
3. General principles of law, like estoppel, the binding force of contracts, and nullem crimen are drawn from domestic legal systems and applied internationally.
4. Judicial decisions and scholarly writings provide evidence of these binding legal obligations between states.
This reading assignment outlines the key sources of international law obligations:
1. Treaties and conventions between states are formal sources of international law. Customary international law and general principles of law are also primary sources according to the ICJ Statute.
2. Customary international law is formed from state practice and opinio juris and shown in court cases like Nicaragua v. US. It includes international humanitarian law.
3. General principles of law, like estoppel, the binding force of contracts, and nullem crimen are drawn from domestic legal systems and applied internationally.
4. Judicial decisions and scholarly writings provide evidence of these binding legal obligations between states.
This reading assignment outlines the key sources of international law obligations:
1. Treaties and conventions between states are formal sources of international law. Customary international law and general principles of law are also primary sources according to the ICJ Statute.
2. Customary international law is formed from state practice and opinio juris and shown in court cases like Nicaragua v. US. It includes international humanitarian law.
3. General principles of law, like estoppel, the binding force of contracts, and nullem crimen are drawn from domestic legal systems and applied internationally.
4. Judicial decisions and scholarly writings provide evidence of these binding legal obligations between states.
1. Chapter III, Akehursts 2. Chapter 2 - Sources of International Law: Provenance and Problems, Rosalyn Higgins, Problems and Process, International Law and How We Use It 3. Art. 38, ICJ Statute a. Primary source v. Secondary source b. Formal source v. Material source 4. International Conventions, Treaties: a. Law-making treaties and ‘contract treaties’ b. Parties to international treaties and ‘internationalized contracts 5. International Customs: a. Relationship between customary law and treaty law - Kuroda v. Jalandoni, G.R. No L-2662, 26 March 1949 b. International humanitarian law as customary law - Yamashita v. Styer, G.R. No. L-129, 19 December 1945 c. On creation of customary norms - Case Concerning the Military and Paramilitary Activities in and against Nicaragua (Nicaragua v. US), ICJ Reports, 27 June 1986 d. On creation of customary norms - North Sea Continental Shelf Cases, ICJ Reports, 20 February 1969 e. On creation of customary norms - Asylum Case (Colombia v. Peru), ICJ Reports, 20 November 1950 f. Unilateral acts that create legal obligations - Nuclear Test Cases, ICJ Reports: i. New Zealand v. France, 1974 ii. Australia v. France, 1974 iii. Request for an examination of the situation in accordance with par. 63 of the court's judgment of the 20 December 1974 in the Nuclear Tests (New Zealand v. France) Case, 1995 g. On the creation of customary norms - Legality of the Use by a State of Nuclear Weapons in Armed Conflict (Advisory Opinion), ICJ Reports, 8 July 1996 h. On the creation of customary norms - The Paquete Habana, 175 U.S. 677 (1900) i. On the creation of customary norms - Case Concerning the Right of Passage Over Indian Territory (Portugal v. India), ICJ Reports, 12 April 1960 6. General Principles of Law a. Estoppel, Circumstantial Evidence - Case Concerning Preah Vihear Temple (Cambodia v. Thailand), ICJ Reports, 15 June 1962 b. Obligation to warn based on general principles of law - Corfu Channel Case, ICJ Reports, 9 April 1949 c. Reparation - Chorzow Factory Case, 1928 PCIJ Ser. A, No. 17 d. Principle of Acquired or Vested Rights - Barcelona Traction, Light and Power Company Case, ICJ Reports, 1970 e. Principle of the Binding Force of Contracts; Pacta sunt servanda - Texaco v. Libya, 53 ILR 389 (1978) f. Pacta sunt servanda - Abaya v. Ebdane, G.R. No. 167919, Feb. 14, 2007 g. Saudi Arabia v. Arabian American Oil Company, 27 ILR L17 h. Principle of Nullem Crimen, Nulla Poena Sine Lege - Prosecutor v. Tadic, ILJ, 2 October 1995 7. Judicial Decisions a. Gibbs v. Rodriguez, GR No. L-1494, August 3, 1949 8. Scholarly writings a. Works of the International Law Commission - Gabčíkovo-Nagymaros, (Hungary v Slovakia), Merits, Judgment, ICJ Reports 1997, p. 7, at 38-42 (paras. 47, 50-4), 46 (para. 58), cited in A. Pellet, supra note 1, at 757-8 (para. 50) b. Works of the International Law Commission - North Sea Continental Shelf Judgment (Germany v Denmark; Germany v Netherlands), Merits, Judgment, ICJ Reports 1969, p. 3, at 33, para. 49, cited in A. Pellet, supra note 1, at 757-8, para. 49 9. Other sources: a. Acts of international organizations b. Soft law c. Equity 10. Effect of UN Declarations, Security Council 11. Effect of actions of organs of international organizations created by treaty 12. Hierarchy of the sources a. Jus cogens b. Obligations erga omnes and international crimes 13. Codification of international law