Article 38(1) ICJ Statute enumerates the SOURCES OF INTERNATIONAL LAW the Court applies. These are:
Answer & Solution
Correct answer: A.
1. Article 38(1) ICJ Statute is the canonical statement of the SOURCES OF INTERNATIONAL LAW.
2. Three primary sources: (a) international CONVENTIONS (treaties); (b) international CUSTOM (consistent state practice + opinio juris); (c) GENERAL PRINCIPLES of law recognized by civilized nations.
3. Two subsidiary means: (d) judicial DECISIONS (subject to Article 59 — binding only between parties) and the TEACHINGS of the most highly qualified publicists.
4. Article 38(2) permits the Court to decide ex aequo et bono if the parties so agree.
5. Hence option B is correct.
_Source: UN Charter 1945 / Vienna Convention on Law of Treaties 1969 / ICJ Statute / ARSIWA 2001 — ICJ Statute, Article 38(1)_
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