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1.

International law as defined by the Restatement (Third) of Foreign Relations


Law is a law which deals with conduct of states and of IO and with their
relations inter se, as well as their relations with persons, whether natural or
juridical.
2. The principle of Jus Cogens according to Article 53 of the VCLOT is a a
permptory norm of general international law which is a norm accepted and
recognized by the international community of States as a whole, as a norm
from which no derogation is permitted and which can be modified only by a
subsequent norm of GIL having the same character.
3. According to Art 38 (1) of the Statute of the International Court of Justice, the
following are the sources of International Law:
International Conventions, whether general or particular, establishing rules
expressly recognized by consenting states
International Custom, as evidence of general practice accepted as law
General Principles of law recognized by civilized nations
Subject to Art 59, judicial decisions and the teaching of the most highly
qualified publicists of the various nations, as subsidiary means for the
determination of rules of law
4. The elements of international custom are state practice and opinion juris sive
necessitates.
SP has elements of duration, consistency, and generality.
OJ is the belief that a certain behavior is obligatory.
Customary Law is a general and consistent practice of states followed by
them from a sense of legal obligation. (Restatement)
5.

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