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Article 38 of state of ICJ.

Treaties are agreements between subjects of international law creating a binding obligation
in international job. A series or a recurrence of treaties laying down a similar rule may
produce a principle of customary international law. Treaties are of two types law making
treaties And treaty contracts. Treaties based upon the principal of “PActa Sunt Servanda”

Article 66 of the 1969 Vienna Convention a phone that states will perform their treaty
obligations in good faith and otherwise there is no reason for such obligations to form in the
first place
Article 46 a State May not invoke the fact Send to be bound by a treaty has been expressed
In the valuation of a provision of its internal law regarding competence to conclude treaties
as invalidating its consent unless that violation was manifest and concerned a rule of
internal law of fundamental importance
Article 47 states that if the consent to a particular treaty has been made subject to a specific
restriction in the internal law thus such restriction may not be invoked unless the restriction
was previously notified to other negotiating states
A treaty is required to be registered with the secretary general of the United Nations after it
has come into force(art 24) under article 102 of the UN charter
Article 14 of vienna convention lays down the cases where ratification of treaties might be
necessary.
Fisheries jurisdiction case- UK v Iceland
S.S Lotus case- France v turkey
Right of passage case- Portugal v India

Queen v keyn- the testimony of writers and statesman was to be received in the enunciation
of the principles of Law of Nations and if such writers be of different nations and living at
different times were agreed to a common principle which was not unreasonable such an
agreement might be received as evidence of international law and of a common consent of
nations forming thereby a law of nations

Reparation for injuries suffered in the service of united nations- Case of UN

Nature of international law


1. It is separate from a municipal sysyem of law and does not have a proper legisltaurwe,
judiciary or government or army.
2. It produces recommendations and not binding law

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