Law 2101 Study Guide - Quiz Guide: International Law Commission, Multilateral Treaty, United Nations Security Council Resolution 1267
Document Summary
Concept of legal source: tied to the theories about the basis & structure of int"l law. Natural law: what they consider to be elementary dictates of justice. 38 of the icj statute - positivist (consensual) theory. All int"l legal obligations: considered to be derived from the consent of the state. All states: bound by those behavioural rules that are required for the maintenance of peaceful coexistence in the society. 2. 2 article 38 of the statute of the international court of justice. Classical attempt at listing the sources of int"l law. 38(1) icj statute: international conventions, international custom, general principles of law recognized by nations, art. 59 judicial decisions & teachings of the most highly qualified publicists of the various nations - subsidiary means for the determination of rules of law. Primary sources: treaties (conventions), customary law, general principles. : whether the list is exhaustive? secondary sources: judicial decisions, scholarly contributions.
