Sources of Law in International Law

Sources of Law

Sources of law are legal rules and doctrines that determine the application of the law in a specific context. They provide guidelines for interpreting and applying the law. In international law, several sources contribute to the development and interpretation of international law. These sources include conventional law, customary law, general principles of law, and judicial decisions and scholarly articles. Let's explore each of these sources in detail.

Conventional Law

Conventional law refers to formal written agreements between nations, commonly known as treaties. These treaties establish legally binding obligations between signatories and govern specific areas like trade, human rights, and environmental protection. International treaties cannot conflict with domestic law in participating nations. Examples of international treaties include the United Nations Charter, the European Union, the General Agreement on Tariffs and Trade (GATT), and the Rome Statute of the International Criminal Court.

Customary Law

Customary law is created by a pattern of behavior that is followed by a sufficient number of nations over a significant period of time. These practices are accepted as international law based on a sense of legal obligation. Customary law arises from the belief that it is necessary for maintaining peaceful coexistence among nations. It covers issues related to human rights, diplomacy, environmental preservation, and war crimes. Customary law is dynamic and evolves over time as new practices emerge and old ones change.

Subset of Customary Law: Jus Cogens

Jus cogens is a subset of customary law consisting of fundamental principles that are universally accepted and have peremptory force. These principles cannot be derogated by domestic law or treaty. Jus cogens includes principles such as the prohibition of genocide, slavery, and arbitrary arrest and detention.

General Principles of Law

The general principles of law are the universal principles that are shared by most countries in the world. These principles are derived from the common law tradition and form the basis for international law. They guide the interpretation of international legal documents and help international courts determine the applicability of international laws in specific cases.

Judicial Decisions and Scholarly Articles

While rare, judicial decisions and scholarly articles may occasionally play a role in the development of international law when the prior three sources fail. The International Criminal Court may refer to judicial decisions of the nations in question in the absence of explicit provisions in treaties or customary practices. Similarly, scholarly articles and interpretations by respected legal experts can influence the understanding and application of international law.

In conclusion, sources of law in international law include conventional law, customary law, general principles of law, and judicial decisions and scholarly articles. These sources provide the framework for the interpretation and application of international law, shaping the conduct of nations in relation to each other and in their respective domestic legal systems.