Q.2: - What
are the sources of International law?
Answer: - Sources of
International law means those origins from where it attains its authority and
coercive agency. According to the provisions of the Statute of International
Court of Justice there are following sources, on the basis of which Court can
decide a case:
1. Treaties:
-
The term treaty may be defined as “the agreement entered
into by Nation states for their relations with each other and to undertake
certain duties, obligations and rights is said to be a treaty.” The statute
declares that the Court shall have to decide any dispute between Nation States
in accordance with the provisions of the treaty between them if existed.
2. Customs: -
Customs are those
habits and practices which the nations states commonly observe and the
violation of which is considered as against the courtesy of International
behavior. There are certain practices which the world community observes
without any express provisions but because of practice they honour the same. So
if there is no treaty between the parties to a dispute then the statute binds
the Court to decide the case in the light of such international customs.
3. General Principals of Law Recognized by
Civilized Nations: -
There are certain principles of law, which have been
incorporated, in the domestic laws of many countries because of their universal
application. So, in default of any treaty or international custom the statute
reveals that the court then shall have to decide the case in the light of such
general principles of law as recognized by civilized nations of the world.
4. Judicial Decisions: -
Usually the Judicial
decisions of the International Court of Justice are not binding and they have
no value in the sense that they are related and binding only to that certain
case for which they have given. And they cannot be cited as strict reference in
any other case. But despite the fact the Statute reveals that in case of
default of all the above sources the court shall resort to the prior judicial
decisions.
5. Juristic
Works: -
The jurists or
publicists also declares rules by legal philosophy and analogy and also by
comparing different legal systems of the world and they also analyze the
historical perspectives of the different legal systems of the world. So, as
they have devoted their lives for the legal study, they must be deserving to
consult in deciding a dispute. In other words, their opinion on a specific
question of law weights because of their valuable experiments and sound study
on the topic. So, the statute further reveals that if there is no treaty, legal
custom and general principles of law then the Court shall resort to writings of
these jurists.
6. Other
Sources: -
Beside the above
sources there are also some other sources which court can resort for the
decision of a case. As for example “Equity” and the resolution by the UN
organization. Nowhere in the statute these sources have been declared for the
Court to derive law but by practice the common and universal principles of
equity have been observed by the courts while deciding cases. And also the UN
organization when passes a resolution on specific subject the Court feels its
moral duty to decide the case in the light of such resolution if there is no
express provisions for deciding a case
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