LAWS 2601 Lecture Notes - Lecture 4: Pacta Sunt Servanda, Opinio Juris Sive Necessitatis, Peremptory Norm
12 Apr 2016
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A verical system where the states paries are equal, no sovereign above the state. Aricle 38(1) statute of the internaional court of jusice generally accepted authority (world court: internaional convenions, internaional customs, general principles of law recognized by civilized naions, judicial decisions & teaching of respected publicists. These are the four things we look at to interpret the law, these are modiied by the second part of the aricle. Despite 38(1) court can decide a case on basis of equity (fairness) if paries agree never used. Treaies, customs, and general principles consitute legally enforceable rights and duied (lex lata hard law: fully formed hard law, no quesion about what it is, binding, no quesions asked. Maybe maybe not, is jus cogens implied in this list. Is there an implicit hierarchy implied in 38(1) There might be, law in formaion is not binding (sot law) and hard law supersedes that.
