LAWS 2601 Lecture Notes - Lecture 2: Opinio Juris Sive Necessitatis, Pacta Sunt Servanda, Monism
18 Feb 2016
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Article 38(1) of the statute of the icj: the applicable sources (1) international convention (2) international custom (3) general principles of law (4) judicial decisions and the teachings of the most highly qualified publicists. If a country is a complainant against another state"s actions, it must point to at least one of the sources listed. General principles of highly regarded legal scholars: general principles are identified and used to address international issues which are not governed by treaties or customs. Article 3 of the ilc accords on state responsibility- the characterization of an act as a state as internationally wrongful is governed by international law. Such characterization is not affected by the characterization of the same act as lawfully internal law" . Article 27 of the 1969 vienna convention on the law of treaties- a party may not invoke the provisions of its internal law as justification for its failure to perform a treaty .
