Name: Ike-okonkwo Chibuikem

Matric No. : 22/1657

Course title: International law and security (DCSS 016
International law plays a fundamental role in regulating the
interactions between nations, fostering peaceful cohabitation,
and tackling global issues. The establishment and interpretation
of international law draw upon a diverse array of sources, both
primary and secondary. These sources play a crucial role in
shaping the standards, principles, and regulations that govern the
behavior of states and other international entities. This article
offers a comprehensive examination of the sources of
international law, emphasizing their importance in the evolution
and application of this dynamic legal framework.

1. The Nigerian Constitution

The Nigerian Constitution is a source of international law since
it has provisions relating to the use of international law in
Nigeria. The Constitution, which establishes the foundation for
Nigerian government, is the ultimate law of the land. The
fundamental tenets, arrangements, and operations of the
government, as well as the responsibilities and rights of citizens,
are described in this written text. The Nigerian Constitution's
provisions on international agreements are another way that it
acts as a source of international law. The Constitution
acknowledges that once accepted by the National Assembly,
international agreements become legally enforceable for
Nigeria. This implies that Nigeria must uphold all of its
commitments under such agreements, which may include legal
duties.
The Nigerian Constitution also acknowledges the authority of
foreign courts and tribunals. For instance, the Federal High
Court has exclusive jurisdiction under Section 251 of the
Constitution to handle cases involving disputes between states
or between Nigeria and any other country resulting from treaties
or other international agreements.

2. Conventions and treaties

Conventions and treaties are agreements made between nations
or other international bodies that create enforceable legal
responsibilities. The Nigerian Constitution codifies treaties and
conventions into national law in that country. No treaty between
the Federation and any other country "shall have the force of
law except to the extent that such treaty has been enacted into
law by the National Assembly," according to Article 12(1) of
the Constitution.
The Nigerian National Assembly passes legislation to
implement treaties and conventions that have been ratified by
the country. Consequently, once these treaties and conventions
are ratified by the National Assembly, they become legally
binding within Nigeria's domestic legal system. The courts in
Nigeria also acknowledge the significance of treaties and
conventions as sources of international law.

An illustration of a treaty that has been integrated into Nigerian

domestic law is the United Nations Convention on the Rights of
the Child (UNCRC). Nigeria ratified the UNCRC in 1991, and it
was subsequently incorporated into Nigerian domestic law
through the enactment of the Child Rights Act (CRA) in 2003.
The CRA was established to safeguard the rights of children in
Nigeria in accordance with the UNCRC.

3. Customary international law

Customary international law is a vital source of international
law in Nigeria, encompasses a collection of unwritten rules and
practices that states have accepted as legally binding in their
interactions with one another. It is formed through the consistent
and widespread conduct of states, coupled with a belief that
such conduct is required by law (opinio juris).

Within Nigeria, customary international law is acknowledged as

a source of international law according to Section 12(1) of the
Nigerian Constitution. This provision states that treaties between
the Federation and other countries do not possess the force of
law unless they have been enacted into law by the National
Assembly. As a result, customary international law, which is not
explicitly codified in a treaty, cannot be given legal effect in
Nigeria.

4. Rulings of The International Court of Justice (ICJ)

The International Court of Justice (ICJ) serves as the primary
judicial body of the United Nations. Its role involves resolving
legal disputes between nations and providing advisory opinions
on legal matters referred to it by authorized UN entities and
specialized agencies. Nigeria, being a member state of the UN,
acknowledges the ICJ as a recognized authority on international
law.

Within Nigeria, the ICJ's rulings have been used in various cases
to address issues pertaining to international law. For example, in
the 2002 Cameroon v. Nigeria case concerning the sovereignty
of the Bakassi Peninsula, Nigeria accepted the ICJ's judgment as
binding and withdrew its military forces from the area.
Similarly, in the 2003 case of Oil Platforms (Islamic Republic of
Iran v. United States of America), which involved a dispute over
the US military's actions against Iranian oil platforms, Nigeria
supported Iran's contention that such actions violated
international law.
However, it is important to note that ICJ judgments hold binding
authority solely on the parties involved in a specific case and do
not establish general rules or principles of international law.
Furthermore, not all countries accept the jurisdiction of the ICJ
and may not consider themselves bound by its decisions.

5. Resolutions and statements issued by international

organizations, such as the United Nations General Assembly
and Security Council
Resolutions and statements issued by international
organizations, such as the United Nations General Assembly
and Security Council contribute to the development of
international law. While non-binding, these instruments express
the collective will and aspirations of the international
community. Resolutions can shape state practice, influence the
interpretation of existing legal norms, and provide impetus for
the creation of new treaties or customary rules. Moreover, soft
law instruments, such as declarations and guidelines, play a
significant role in shaping global norms in areas like human
rights and environmental protection.

In summary, the sources of international law are diverse and

interconnected, forming a complex web of norms and principles
that guide the behavior of states and international actors.
Treaties, customary international law, general principles,
judicial decisions, and resolutions by international organizations
all contribute to the development, interpretation, and
implementation of this body of law. Understanding these
sources is essential for legal practitioners, policymakers, and
scholars to navigate the intricacies of international law and
promote its effective application in the global arena.