Sources of International Law

Brij Bihari Prasad¹

Section:Review Paper, Product Type: Journal-Paper
Vol.5 , Issue.11 , pp.80-88, Nov-2019

Online published on Nov 30, 2019

Copyright © Brij Bihari Prasad . This is an open access article distributed under the Creative Commons Attribution License, which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.
 

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Abstract :
Sources of law provides the evidence for existence of law from which the validity and force of law is derived. Any case is decided on the application of sources of law. In the same manner, whenever there is international dispute between States or violation of human rights of persons then such case is decided by the application of any of sources of international law. The relationship of one State with other State, International Organization and Persons are established and regulated by sources of international law. International law is not codified law at all. According to Article 38 (1) of Statute of International Court of Justice, there are four sources of international law, which are ‘international convention’, ‘international custom’, ‘general principles of law recognized by civilized state’ and, ‘international judicial decision or Arbitral tribunal decisions. However, other fifth sources of international law ‘decisions or determinations of international organization’ is becoming more popular. The entire international legal system is operated by mainly three organs based on sources of international law. These three organs are ‘International Law-making Authority’ (i.e., General Assembly or any other appropriate Authority for international legislation), ‘International Court of Justice’ (International Judiciary) and ‘Security Council’ (International Executive).

Key-Words / Index Term :
International law; Sources of law; Sources of International Law; Case laws

References :
[1] Dr. N.V. Paranjape, ‘Studies in Jurisprudence and Legal Theory’, Central Law Agency, pp. 233 (80th ed, 2016)
[2] Fuller L: Anatomy of the law, pp. 69
[3] Supra 1, at 298
[4] Ibid, at 300
[5] Ibid, at 311
[6] West Rand Central Gold Mining Company Ltd, vs. R, 19052 K.B. 291
[7] P.C.I.J. Ser, A. No. 10, P. 16
[8] J.E.S. Fawcett, The law of Nations, London, 1968 pp. 24-25
[9] Article 38(1) (d) of the Statute of ICJ
[10] INTERNATIONAL COURT OF JUSTICE, available at,https://ijrcenter.org/universal-tribunals-treaty-bodies-and-rapporteurs/international-court-of-justice/, last seen on 20/11/2019
[11] Dr. S.K. Kapoor, International Law & Human Rights, Central Law Agency, pp. 80 (21st ed., 2017)
[12] Richard B. Bilder, ‘An Overview of International Dispute Settlement’, ‘Emory Journal of International Dispute Resolution’, Vol. 1, No. 8, pp. 1, 1986
[13] Cristoph Schreuer, ‘Sources of International law, Scope and Application: Emirates Lecture Series 28’, The Emirates Centre for Strategies Studies and Research, pp. 11 & 19
[14] Professor Christopher Greenwood, ‘Sources of International Law: An Introduction’, pp. 1, 2008
[15] Federal Department of Foreign Affairs FDFA, ‘ABC of International Law’, pp. 31
[16] Ibid, at 33
[17] Supra 15, at 30
[18] I.C.J. (1986) Rep. 14
[19] I.C.J. Reports, 1986, P. 14.