1、“The most difficult thing about international law is finding it.” Geoffrey R. Watson, The Oslo Accords: International Law and the Israeli-Palestinian Peace Agreements (2000)CHAPTER II: SOURCES OF INTERNATIONAL LAW A. Sources of law: Article 38 of the ICJ: The Court shall apply (a) international conv
2、entionsestablishing rules expressly recognized by the contesting states, (b) International custom as evidence of a general practice accepted as law, (c) the general principles of law recognized by civilized nations, (d) subject to the provisions of Article 59, judicial decision and the teachings of
3、the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law.B. International Conventions (Treaties) Multilateral (binding more than 2 nations) Bilateral (binding 2 nations)Treaty Process countries negotiate a treaty treaty text is signed cou
4、ntries approve treaty in accordance with domestic law1.Definition of Treaty “An international agreement concluded between States in written form and governed by international law, whether embodied in a single instrument or in two or more related instruments and whatever its particular designation.”
5、Vienna Convention on the Law of Treaties, Article 2 Include conventions, agreements, covenants, charters, protocols, pacts, accords, statutes, etc (synonyms of treaty )The Essential Elements of “Treaty“ it must be international agreements which create binding obligations for the parties. it can only
6、 be concluded between or among subjects possessing international personality with exception for individuals.C. Customary Law (“Custom”)1.Defined: a general practice accepted as law- The StatuteRules results from a general and consistent practice of states followed by them from a sense of legal oblig
7、ation -The Restatement2. Establishing the Existence of a Customary Law: a. material element:Usus (Latin for: usage): Is the consistent and recurring action by states. b. psychological element:Opinio juris (Latin for: “of the opinion that it is a necessary law.” 3. Exceptions to the Application of Custom Persistent objector: A state which persistently objects to a practice during its forming does not become a party to it.
