Public International Law (UPES)

Large Group 3
 Learning Outcomes

1. Understand, in overview, some of the sources of

International Law, such as International Treaties and
Conventions;

2. Understanding International Custom and General Principles

of Law recognised by Civilised Nations;

3. Understand Judicial Decisions on International and National

Courts

4. Explore and understand other Sources of International Law,

such as Resolutions
Overview

• In this Large Group, we are going to consider some of the sources of

international law.

• As we started to see in our previous sessions, International Law

originates from a number of different sources, from statute, to
international treaties, conventions and through custom and general
principles.
Sources of International Law
The Statute of the International Court of Justice (ICJ)
Sources of International Law

Treaties Custom

Judicial
General
Decisions Principles
Parties to the Statute of the ICJ?
International Conventions -Treaties

• A binding international agreement concluded in writing between states and governed by

International Law.

Treaties
Treaty
Contracts
Law Making
Treaties
Customary International Law

United Nations Charter by Article 92: "The Court, whose function is to decide in
accordance with international law such as disputes that are submitted to it, shall apply ...
international custom, as evidence of a general practice accepted as law."

Customary International Law has two elements:

• There must be widespread consistent State practice with regards to

the said Custom;

• There has to be ‘opinio juris’ – this means that the State must act in a
way because they believe that they have a legal duty to do so.
General Principles

A precise list does not exist, but consider:

- Good Faith Principle – Conduct shall be honest and fair

- Respect for Human Dignity – protection of human rights as an important

principle of humanitarian and human rights law

- Principle of Proportionality certain measures (be it punishment, limitation,

interference or other, shall be proportionate to the purpose it aims to
achieve)
Judicial Decisions

• No doctrine of binding precedent in international law.

• The Statute of the ICJ expressly provides that a decision of the Court is
not binding on anyone except the partiers to the case in which that
decision is given and even then only in respect of that particular case
(Article 59).

• Nevertheless, the ICJ refers frequently to its own past decisions and most
international tribunals make use of past cases as a guide to the content of
international law.
Other Sources of International Law

• Writings

The writings of international lawyers may also be a persuasive guide to the

content of international law but they are not themselves creative of law.

• Resolutions

A resolution is a formal expression of opinion, intention of decision by an

official body or assembly and according to the United Nationals, are defined
to mean recommendations and decisions.
Questions?