SO U RC E S O F

INTERNAT I ON A L L A W
D B Y B EN NY D SETIANTO
NARRATE
STATUTE OF ICJ ART 38 (1)
• INTERNATIONAL CONVENTIONS, WHETHER GENERAL OR PARTICULAR, ESTABLISHING RULES EXPRESSLY
RECOGNIZED BY THE CONTESTING STATES;

• INTERNATIONAL CUSTOM, AS EVIDENCE OF A GENERAL PRACTICE ACCEPTED AS LAW;

• THE GENERAL PRINCIPLES OF LAW RECOGNIZED BY CIVILIZED NATIONS;
• SUBJECT TO THE PROVISIONS OF ARTICLE 59,3 JUDICIAL DECISIONS AND THE TEACHINGS OF THE MOST
HIGHLY QUALIFIED PUBLICISTS OF THE VARIOUS NATIONS, AS SUBSIDIARY MEANS FOR THE
DETERMINATION OF RULES OF LAW.
INTERNATIONAL CONVENTIONS
• PARTIES INVOLVE: BILATERAL - MULTILATERAL
• PHASE OF PROCESSES: TWO PHASES – THREE PHASES
• DEGREE OF BOUND: TREATY CONTRACT – LAW-MAKING TREATY
• OPEN – CLOSE TREATY
• ENTRY INTO FORCE
• VOID OF CONTRACT
INTERNATIONAL CUSTOMARY LAW

• STATE PRACTICES
• OPINIO JURIS (ACCEPTED AS LAW)
• PERSISTENT OBJECTORS
GENERAL PRINCIPLES OF LAW

• PACTA SUNT SERVANDA

• GOOD FAITH
• SUI GENERIS
SUBSIDIARY (SECONDARY) SOURCES

• DECISIONS OF THE COURT

• LEGAL DOCTRINE/LEGAL TEACHINGS