ACCTG 1 Lecture Notes - Lecture 18: International Law Commission, Computer Security, Peremptory Norm
Document Summary
Court of international justice: positivist consensual theory (all international obligations derive from the consent of the state, article is directed to the court but considered of general relevance, debate on how exhaustive the list of sources is. Icj has relied on sources not listed in art. 38 (e. g. unilateral statements: distinction between primary and secondary sources of law, primary: treaties, custom, general principles (law creating, secondary: judicial decisions and scholarly contributions (law identifying) Conventions (treaties) as a legal source: treaties are the most direct and formal way for states to create rights and obligations under international law. Bilateral treaties: concluded by two states, issue of particular mutual interest. Multilateral treaties: larger groups of states, general application & law-making features. Constituent treaties: multilateral treaty, establishing an international organization (sometimes with the competence to adopt legally binding instruments, only instrument available to two or more states that want to enter a formal legal relationship.
