INTERNATIONAL LAW SOURCES under Article 38(1) ICJ Statute include:
Aonly treaties (cf. ICJ Statute Article 38(1)) (cf. ICJ Statute Article 38(1)) (cf. ICJ Statute Article 38(1)) (cf. ICJ Statute Article 38(1))
Bonly academic writings (cf. ICJ Statute Article 38(1)) (cf. ICJ Statute Article 38(1)) (cf. ICJ Statute Article 38(1)) (cf. ICJ Statute Article 38(1))
Conly customary law (cf. ICJ Statute Article 38(1)) (cf. ICJ Statute Article 38(1)) (cf. ICJ Statute Article 38(1)) (cf. ICJ Statute Article 38(1))
DTREATIES, CUSTOMARY INTERNATIONAL LAW, GENERAL PRINCIPLES OF LAW (recognised by civilised nations), as PRIMARY sources; JUDICIAL DECISIONS and TEACHINGS of publicists as SUBSIDIARY means
Answer & Solution
Correct answer: D. TREATIES, CUSTOMARY INTERNATIONAL LAW, GENERAL PRINCIPLES OF LAW (recognised by civilised nations), as PRIMARY sources; JUDICIAL DECISIONS and TEACHINGS of publicists as SUBSIDIARY means
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)_
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