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International law is a body of those laws governing the legal relations between nations. It
has also been defined as the rules and principles of general application dealing with the
conduct of nations and of international organizations and with their relations inter se, as
well as with their relations with persons, whether natural or juridical. From the Viewpoint of
its sources international law is a body of consensual principles, which have evolved from
customs and practices which civilized nations utilize in regulating their relationships and
such customs have great moral force. Primarily, however, international customs and
treaties are generally considered to be the most important sources of international law, as
indicated in Article 38 of the Statute of International court of justice. Besides, there are
some other sources of international law which are, mostly, indicated by international jurists.
A detailed account of these sources is given below.
International law is the body of customary and treaty rules which are considered legally
binding by civilized states in their intercourse with each other.
As stated by G.J. Starke: “International law may be defined as that body of law which is
composed for its greater part of the principles and rules of conduct which states feel
themselves bound to observe, and, therefore, do commonly observe in their relations with
each other.”
MEANING OF “SOURCE OF INTERNATIONAL
LAW”:
Source of Law connotes the origins from which particular positive laws derive their
authority and coercive force; such as, customs, usages, constitutions, statutes, treaties. In
another sense, the authoritative or reliable works, records, documents, edicts, etc., to
which we are to look for an understanding of what constitutes the law. The same is the
concept of the sources of international law. As pertinently stated by GJ.Starke: “By source
of International law we mean the actual materials from which an international lawyer
ascertains the rules applicable to a given situation.”
2.This provision shall not prejudice the power of the Court to decide a case ex aequo et
bono,(what is right and good), if the parties agree thereto. Article 59. The decision of the
court has no binding force except between the parties and in respect of that
particular case.
Definition:
Sovereigns formerly signed by corporate powers authorized, and solemnly ratified by the
several sovereigns or the supreme power of each state. It is not only a law but also a contract
between two nations and must, 1f possible, be so construed , as to give full force and effect
to all its parts.
(b) Foundation:
International lawyers use the phrase “Pacta Sunt Servanda ” to express the fundamental
principle that agreements even between sovereign states, are to be respected.
(c) Significance:
International treaties are not only a principal source of international legal rules but are also
themselves the subject of a considerable body of international law. The law of treaties
serves much the same function in the international law as the law of contracts does in
municipal law.
There is no doubt about the fact that treaty stipulations override rules of international
customary law which are incompatible with them. This proposition received approbation in
the case of S S. Wimbledon (1923), where the permanent Court of international Justice
held that treaty law takes priority over international customary law.
It lays down general rules binding on the states or enunciates new general rules for the
guidance of the states in future or for their future international conducts.
It is a treaty which comprises only two parties and thus, is binding only on them. This
treaty, usually, constitutes a treaty contract
INTERNATIONAL CUSTOMS:
(a) Definition:
Term ‘Custom’ generally implies to habitual practice or course of action that
characteristically is repeated in like circumstances.
(i) Duration:
No particular duration is required nor does international court emphasize the time element
as such in its practice. Provided the consistency and generality of a practice are proved.
(ii) Uniformity and Consistency:
Substantial uniformity and consistency of practice is required for a valid custom.