18 Questions
What is generally considered the more authoritative evidence of international law on most topics?
Judicial decisions
Which source of international law can contribute directly to the formation of customary international law?
Decisions of a State’s courts
What should not be assumed without more when referencing the writings of international lawyers?
They accurately reflect the content of international law
Which source is missing from the list in Article 38 that is frequently criticized for being incomplete?
Acts of the different organs of the United Nations
What type of law are writings of international lawyers considered according to the text?
Persuasive guide to international law
What can decisions of national courts contribute to according to the text?
Customary international law
Which aspect of state practice is crucial in deducing the existence of customary rules?
The consistency of the state conduct with the rule
In the context of customary international law, how does the ICJ view state conduct inconsistent with a rule?
As breaches of that rule
What aspect of opinio juris is highlighted in the text as related to permissive rules?
Belief in right
How does the text suggest considering opinio juris for a State?
As an assertion of a legal right or acknowledgment of a legal obligation
What is considered unsatisfactory about the normal definition of belief in obligation?
It overlooks permissive rules and beliefs in rights
How does the ICJ view the significance of State conduct concerning customary rules?
It should generally be consistent with the rule
What does Article 38 of the ICJ Statute consider as the most important sources of international law?
Treaties and custom
In which situation are general principles of law recognized by civilised nations most often employed in international tribunals?
When adopting concepts widely accepted in national legal systems
Which source of international law is seldom mentioned in judgments, but becomes relevant when adopting widely accepted legal concepts?
General principles of law recognized by civilised nations
What is the status of a decision of the International Court of Justice (ICJ) according to its Statute?
Non-binding except for the parties to the case in which it is given
What distinguishes the adoption of legal concepts in international law from national legal systems?
International law rarely adopts entire concepts from specific national systems
Which source of international law is expressly excluded from having a doctrine of binding precedent?
Judicial decisions
Explore the significance of past decisions by the International Court of Justice (ICJ) and other international tribunals in shaping international law. Learn about the use of precedents and the authority of decisions from international and national courts as outlined in Article 38(1)(d).
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