SINTLAW Notes Dec.

10, 2015
Sources of International Law:
1. Treaty
2. Customary International Law:
1. General practice + accepted laws
State Practice - a consistent and uniform external conduct of States.
Opinio Juris - State practice must be accompanied with the conviction that the State is
legally obligated to do so by int'l law. States behave the way they do because they believe
they are bound to do so.

2. Constant or consistency
3. Virtual uniform
4. Period of time

Jus Cogens a principle in international law that are fundamental and cannot
be ignored by any country. States cannot deviate from this rule. No derogation.
3. General Principles of Law:
Recognized by civilized nations that apply in all major legal systems.
4. Subsidiary Means:
Evidence of the existence of international law.
Stare decicis does not apply in international law.
Judicial Decisions that are binding on issues of international law.
Teachings of highly qualified publicists (published works in the
international law arena). Fair and impartial representation of the law.
By an acknowledge authority in the field of international law.
5. Unilateral Declarations
6. General Assembly Decisions
How do you enforced International Law treaty, referral to international
body, naming and shaming, collective actions chapter 7 UN Charter