Sources of International Law (D. Orynbassarov)

1. Sources of International law

D.Orynbassarov

2. Introduction

• What is International Law?
• A body of rules and principles that governs relations between states
and other international actors.
• Importance of Sources:The sources of international law establish the
basis and legitimacy of legal rules.

3. Article 38(1) of the ICJ Statute

• The primary authority for identifying sources of international law.
• Enumerates the following as sources:International Conventions
(Treaties).
• International Custom.
• General Principles of Law.Subsidiary Means for Determining Rules
(Judicial Decisions and Writings).

4. Treaties (International Conventions)

• Definition: Formal agreements between states that are legally binding
• Key Characteristics:Written form.Voluntary consent.
• Governed by international law.
• Examples:UN Charter (1945).Vienna Convention on the Law of
Treaties (1969).

5. International Custom

• Definition: A general practice accepted as law.
• Elements:State Practice: Consistent and general behavior of states.
• Opinio Juris: Belief that such practice is legally obligatory.
• Examples:Principle of non-refoulement in refugee law.
• Freedom of navigation in international waters.

6. General Principles of Law

• Definition: Principles recognized by "civilized nations" to fill gaps in
international law.
• Examples:Principles of justice and equity.Pacta sunt servanda
(agreements must be kept).

7. Subsidiary Means for Determining Rules

• Judicial Decisions: Rulings from courts like the International Court of
Justice (ICJ).
• Teachings of Scholars: Writings from respected legal experts.
• Note: These are not primary sources but aid in interpreting and
applying international law.

8. Hierarchy of Sources

• No strict hierarchy exists, but:
• Treaties and customs are generally considered primary sources.
• General principles serve as supplementary rules.
• Subsidiary means provide interpretive guidance.

9. Other Sources of International Law

• Unilateral Declarations: Binding when states explicitly commit (e.g.,
nuclear testing cases).
• Resolutions of International Organizations: May influence law when
widely accepted.
• Example: UN General Assembly resolutions.

10. Conclusion

• Summary:
• Sources of international law provide the legal framework for governing
international relations.
• They ensure consistency, predictability, and legitimacy in international legal
processes.
• Closing Thought:
• "Understanding the sources of international law is essential to understanding
how global order is maintained."