INTERNATIONAL LAW

PREPARED BY: CRISTINA G. ADORABLE

International Law | What are the sources of
International Law?

(16) International Law | What are the sources of International Law? | Lex Animata by Hesham Elrafei -
YouTube
 TOPIC OUTLINE

I. The Role of International Law in International Relations.

II. Division in International Law.
III. Sources of International Law
IV. Theoretical basis of International Law
I. The Role of International Law
in International Relations
The main role of international law is to promote
global peace and prosperity. Ideally, international
law and its accompanying institutions act as a
balm to smooth over opposing interests that
nations may have.
II. Division in International Law
Public international law concerns itself only
with questions of rights between several
nations or nations and the citizens or subjects
of other nations. In contrast, private
international law deals with controversies
between private persons.
III. Sources of International Law
 The Charter of the United Nations is the
establishing document for the International Court of
Justice (ICJ) as the principal judicial organ of the
UN. Article 38 (1) of the Statute of the International
Court of Justice.
 Primary or Direct Sources

1. International Agreements/Conventions
- whether general or particular establishing rules expressly
recognized by the contesting states e.g. treaties (Isagani A. Cruz,
International Law, 1998, Ed., page 20)

3.
2. International Customs
- a practice which has grown up between States and has
come to be accepted as binding by the mere fact of persistent
usage over a long period of time. (Isagani A. Cruz, International
Law, 1998, Ed., page 21)
3. General Principles of Law
- are mostly derived from the Law of Nature and are observed
by the majority of states because they are believed to be good
and just. (Isagani A. Cruz, International Law, 1998, Ed., page 23)
 Secondary or Indirect Sources

1. Judicial Decisions
- the decision of the court have no binding force except
between parties and in respect of that particular case (Joaquin
G. Bernas, Introduction to International Law, 2009 Ed, page 19)
2. Writing of Publicists
- to qualify as such, a fair and an unbiased representation of
International Law, and by an acknowledge authority in the field
(Joaquin G. Bernas, Introduction to International Law, 2009 Ed,
page 24)
 3. Other Sources

● Equity
- when accepted, is an instrument whereby conventional or
customary law may be supplemented or modified in order ot
achieve justice (Joaquin G. Bernas, Introduction to Public
International Law, 2009 Ed, page 29)
● UN Resolutions
- declaration of legal principles and Resolutions by the United
Nations are generally considered merely recommendatory
(Joaquin G. Bernas, Introduction to Public International Law,
2009 Ed, page 21)
● Soft Law or Non-Treaty Agreements
- they are international agreements not concluded as treaties
and therefore not covered by the Vienna Convention on the
Law of Treaties (Joaquin G. Bernas, Introduction to Public
International Law, 2009 Ed, page 21)
IV. Theoretical Basis of International Law
● Command Theory
- law consist of commands originating from a sovereign and
backed up by threats of sanctions if disobeyed (Joaquin G.
Bernas, Introduction to Public International Law, 2009 Ed,
page 3)
● Consensual Theory
- derives its’ binding force from the consent of states (Joaquin
G. Bernas, Introduction to Public International Law, 2009 Ed,
page 3)
● Natural Law Theory
- law is derived from the nature of man and international law is
said to be an application of natural reason to the nature of the
state-person (Joaquin G. Bernas, Introduction to Public
International Law, 2009 Ed, page 3)
 REFERENCES:
The Basis of International Law: Why Nations Observe (psu.edu)
On the Theoretical Basis of the Law of Nations on JSTOR
International law | Wex | US Law | LII / Legal Information Institute
(cornell.edu)
International conventions | Wex | US Law | LII / Legal Information Institute
(cornell.edu)
What is the importance and role of International law in terms of protecting
your human rights in society? (linkedin.com)
International Law | Beyond Intractability
What Is International Law? | Éducaloi (educaloi.qc.ca)