Monday, September 23, 2019
Identify the different sources of international law. To what extent Essay
Identify the different sources of international law. To what extent have international treaties affected the development of inte - Essay Example Sources of international law are recognized generally as authoritative statements. This is found in the Statute of the International Court of Justice (ICJ), Article 38. This specifies possible sources of law that the court shall apply in deciding disputes. These sources of international law include: international conventions which establishes rules, whether particular or general, expressly recognized by the states contesting; the general law principles recognized by civilized nations; international customs evident of general practice and accepted by law; and teachings from publicists and judicial decisions of the various nations and states as a subsidiary means of determining the rule of law (Buergenthal and Sean 19). The mentioned sources of international law, customs, treaties, and principles of law, are referred to by librarians and lawyers with a similar background as the primary sources of international laws. Teachings from the most high qualified publicists and judicial decisio ns are recognized as secondary sources or evidence of international laws. It should be noted that case laws are only considered as a subsidiary means. This is because even the ICJ decisions itself cannot create any binding precedent. The court decisions have no particular force of binding except between, in respect of that specific case, the parties. Teachings from the most highly qualified publicists may also include organizational work like private institutions and International law Commission. Other sources of international law that recognizes international organization role include resolutions and actions of international governmental organizations like United Nations. Such organizations are also recognized as evidence or sources of international law (Aust 5). The European Union laws have been categorized depending on the sources. The laws grouped under primary sources include; Treaty Articles, Treaty of Lisbon, and Treaty of the European Union. Those categorized under secondary sources include; regulations, decisions, directives, and judgements or decisions of the ECJ. As mentioned earlier in the introduction, international law may be public international law, supranational law, or private international law. Public international law includes Treaty law, international criminal law, law of the sea, and international humanitarian law. These laws govern the existing relationships between international entities and states. The private international on the other hand addresses fundamental issues such as what jurisdiction hears a case, the rules that apply typically when a dispute is subjected to international concern like contract between parties in different countries, and the law concerning what jurisdiction to be applied to particular case issues. Finally, the supranational law, also referred to as supranational organizations concerned with regional agreements in which the nation state laws may be inapplicably held where there is a conflict with a supranatio nal legal system. Some of the examples of supranational framework include the European Court of Justice and European Union law, and the International Court of Justice and the UN Security Council (Buergenthal and Sean 28). The international treaties affect the development of international business in various ways. First the international business law is observed on varying levels: international economic law,
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