INTERNATIONAL LAW SOURCES under Article 38(1) ICJ Statute include:
Answer & Solution
Correct answer: D.
1. Article 38(1) ICJ Statute is the canonical statement of SOURCES OF INTERNATIONAL LAW:
2. (a) INTERNATIONAL CONVENTIONS (treaties) — general or particular;
3. (b) INTERNATIONAL CUSTOM — evidence of a general practice accepted as law;
4. (c) GENERAL PRINCIPLES OF LAW recognized by civilized nations;
5. (d) JUDICIAL DECISIONS and TEACHINGS of the most highly qualified publicists — SUBSIDIARY means.
6. PRIMARY (a)-(c) vs SUBSIDIARY (d).
7. Article 38(2): the Court may decide EX AEQUO ET BONO if the parties so agree.
8. RECOGNITION of additional sources: jus cogens norms, unilateral acts, soft law, decisions of international organisations.
9. Hence option B is correct.
_Source: Legal Research Methodology + Jurisprudence — ICJ Statute Article 38(1)_
Related questions
ETHICS in legal research with HUMAN SUBJECTS require:'LIBERAL FEMINISM' in legal theory (Susan Moller Okin, Martha Nussbaum) advocates:RICHARD POSNER's 'PRAGMATIC JURISPRUDENCE' rejects:'ACCESS TO JUSTICE' as a research theme examines:'NATURAL LAW' versus 'POSITIVE LAW' debate centers on:'CONSTITUTIONALISM' as a research theme examines:'SOCIO-LEGAL STUDIES' in India is associated with:'LEX MERCATORIA' (medieval merchant law) and modern transnational commercial law: