ICJ, International Tribunals, and Article 38(1)(d)
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Questions and Answers

What is generally considered the more authoritative evidence of international law on most topics?

  • Treaties between States
  • Judicial decisions (correct)
  • Decisions of national courts
  • Writings of international lawyers
  • Which source of international law can contribute directly to the formation of customary international law?

  • General principles of law
  • Writings of international lawyers
  • Decisions of a State’s courts (correct)
  • Judicial decisions
  • What should not be assumed without more when referencing the writings of international lawyers?

  • They are always outdated
  • They provide the only basis for international law
  • They are themselves creative of law
  • They accurately reflect the content of international law (correct)
  • Which source is missing from the list in Article 38 that is frequently criticized for being incomplete?

    <p>Acts of the different organs of the United Nations</p> Signup and view all the answers

    What type of law are writings of international lawyers considered according to the text?

    <p>Persuasive guide to international law</p> Signup and view all the answers

    What can decisions of national courts contribute to according to the text?

    <p>Customary international law</p> Signup and view all the answers

    Which aspect of state practice is crucial in deducing the existence of customary rules?

    <p>The consistency of the state conduct with the rule</p> Signup and view all the answers

    In the context of customary international law, how does the ICJ view state conduct inconsistent with a rule?

    <p>As breaches of that rule</p> Signup and view all the answers

    What aspect of opinio juris is highlighted in the text as related to permissive rules?

    <p>Belief in right</p> Signup and view all the answers

    How does the text suggest considering opinio juris for a State?

    <p>As an assertion of a legal right or acknowledgment of a legal obligation</p> Signup and view all the answers

    What is considered unsatisfactory about the normal definition of belief in obligation?

    <p>It overlooks permissive rules and beliefs in rights</p> Signup and view all the answers

    How does the ICJ view the significance of State conduct concerning customary rules?

    <p>It should generally be consistent with the rule</p> Signup and view all the answers

    What does Article 38 of the ICJ Statute consider as the most important sources of international law?

    <p>Treaties and custom</p> Signup and view all the answers

    In which situation are general principles of law recognized by civilised nations most often employed in international tribunals?

    <p>When adopting concepts widely accepted in national legal systems</p> Signup and view all the answers

    Which source of international law is seldom mentioned in judgments, but becomes relevant when adopting widely accepted legal concepts?

    <p>General principles of law recognized by civilised nations</p> Signup and view all the answers

    What is the status of a decision of the International Court of Justice (ICJ) according to its Statute?

    <p>Non-binding except for the parties to the case in which it is given</p> Signup and view all the answers

    What distinguishes the adoption of legal concepts in international law from national legal systems?

    <p>International law rarely adopts entire concepts from specific national systems</p> Signup and view all the answers

    Which source of international law is expressly excluded from having a doctrine of binding precedent?

    <p>Judicial decisions</p> Signup and view all the answers

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