What are the sources of international law?
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International Law explained by Hesham Elrafei Lex Animata
The sources of international law, are listed in Article 38 of the Statute of the International Court of Justice.
International treaties are the only way states can create
international law intentionally. Treaties can be bilateral or multilateral, and they only bind states that become parties.
Customary international law, is the set of rules which
has evolved from the practice or customs of states.
It is the cornerstone of the modern law of nations, as It is derived from general, uniform and consistent state practice, and the belief that the practice is binding.
For example, the Resolutions of international organizations play a significant role, in the development of customary law.
A treaty may change or replace customary law, but there are some higher fundamental rules, that a treaty can not modify, like the prohibition of genocide and torture.
General principles of law, may contain law from many sources, like natural law doctrines, rules common to all legal systems, and principles of equity.
Judicial decisions and The writings of publicists, are a ‘subsidiary means for the determination of law; they support the other sources, by providing clarification in cases of doubt.
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