Article 38(1) ICJ Statute enumerates the SOURCES OF INTERNATIONAL LAW …

Question

Article 38(1) ICJ Statute enumerates the SOURCES OF INTERNATIONAL LAW the Court applies. These are:

Accepted Answer

A. international CONVENTIONS general or particular; (b) international CUSTOM as evidence of a general practice accepted as law; (c) the general PRINCIPLES OF LAW recognized by civilized nations; (d) subject to Article 59, judicial DECISIONS and the teachings of the most highly qualified publicists, as subsidiary means

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)_

Answer

only treaties as the sole source (cf. ICJ Statute, Article 38(1)) (cf. ICJ Statute, Article 38(1)) (cf. ICJ Statute, Article 38(1)) (cf. ICJ Statute, Article 38(1)) (cf. ICJ Statute, Article 38(1)) (cf. ICJ Statute, Article 38(1))

Answer

only customary international law as the foundational source (cf. ICJ Statute, Article 38(1)) (cf. ICJ Statute, Article 38(1)) (cf. ICJ Statute, Article 38(1)) (cf. ICJ Statute, Article 38(1)) (cf. ICJ Statute, Article 38(1)) (cf. ICJ Statute, Article 38(1))

Answer

only the doctrine of the most influential scholars at the time (cf. ICJ Statute, Article 38(1)) (cf. ICJ Statute, Article 38(1)) (cf. ICJ Statute, Article 38(1)) (cf. ICJ Statute, Article 38(1)) (cf. ICJ Statute, Article 38(1)) (cf. ICJ Statute, Article 38(1))