JUDICIAL DECISIONS

Article 38(1) d ‘shall apply subject to the provisions of Article 59,Judicial decisions…'
and Article 59 of the ICJ statutes states that the court decisions have ‘no binding force
except between the parties and in respect of that particular case'. Judicial decisions
are material area of Sources of law. judicial decisions constitute much of the source of
‘international maritime law' and ‘it is clear that the ICJ pays great regard to both the
actual decisions it has reached in previous cases and to the law it has declared
therein'. It is submitted that ICJ participates in law making process through case law,
judges' rule and advisory opinion in breaking new area of international law.
Writing of Publicists refers to as ‘subsidiary means'. Arbitral tribunals and national
courts consult writing of publicist while international court make little use of
‘doctrine' but where the writing of publicist is productive is the draft article, reports
and secretariat memorandum produced by the International Law Commission and
Resolution of the Institute of International Law Commission and that of the Institute
of International Law. Nowadays the opinion of writers has become less important
since states now express themselves well through organs of UN and most importantly
that writers are subjective in their writings due to opinionated reasons.
CUSTOMS-international custom, as evidence of a general practice accepted as law
The important elements here are state practice, the tenacity and acceptance of such
practice as law, also known as ‘opinio juris.' Customary law emanates as law from
practice of states.
International customary law refers to the body of unwritten rules that have emerged
over time as binding norms of behavior for states in their interactions with each other.
Unlike treaty law, which is based on formal agreements between states, customary
law is based on the consistent and widespread practice of states, coupled with a
belief that such practices are legally obligatory (opinio juris).
Customary law plays a crucial role in international relations as it fills gaps in treaty law
and provides a foundation for the development of new legal principles. It
encompasses various areas, including diplomatic relations, state sovereignty, human
rights, and the use of force.
To establish the existence of customary law, two elements must be demonstrated:
state practice and opinio juris. State practice refers to the consistent conduct of states
in a particular matter, while opinio juris refers to the belief of states that their conduct
is legally required. Both elements must be present for a customary rule to be formed.
Once established, customary law is binding on all states, regardless of whether they
have explicitly consented to it. States are expected to abide by customary norms in
good faith, and the persistent violation of customary law can result in diplomatic and
legal consequences.
Customary law evolves over time through the emergence of new practices and
changing opinio juris. International tribunals and courts also contribute to the
development of customary law through their decisions and interpretations.
In summary, international customary law is an essential part of the international legal
framework. It provides a set of rules and principles that govern state behavior and
contribute to the stability and predictability of international relations.
TREATIES- International conventions, also known as treaties, are a significant source
of international law. They are formal agreements entered into by states or
international organizations, creating legal obligations between the parties involved.
Treaties play a crucial role in shaping and regulating various aspects of international
relations.
When states negotiate and ratify a treaty, they express their consent to be bound by
its provisions. Treaties can cover a wide range of subjects, including human rights,
disarmament, trade, environmental protection, and more. They establish specific
rights, obligations, and responsibilities for the parties involved.
Once a treaty enters into force, it creates legal obligations for the states party to it.
The provisions of a treaty can prevail over conflicting domestic laws, and states are
expected to implement and abide by the treaty in good faith.
Treaties can have a universal or regional scope, depending on the number of states
that are party to them. Some treaties establish international organizations to oversee
their implementation or provide a forum for states to discuss related matters.
International conventions are essential for the progressive development of
international law. They contribute to the codification of customary law and serve as a
catalyst for the creation of new legal norms. Treaties also facilitate cooperation
between states and promote stability and predictability in international relations.
In conclusion, international conventions are a vital source of international law. They
establish legally binding obligations between states and address various global
challenges. Treaties provide a framework for cooperation and play a significant role in
shaping the rules governing state behavior at the international level.