International states
3 important questions on International states
Judicial decisions (secondary source)
As is the case in domestic law, international judicial decisions carry a lot of legal weight, because they result from careful consideration of particular facts and legal arguments. Moreover, most cases involving international law already came before domestic courts, often before final courts of appeal - this gives a very serious cumulative effect.
However, judgments by international courts in particular feature a lot of dissenting minority opinions, which are also studies with great interest.
However, judgments by international courts in particular feature a lot of dissenting minority opinions, which are also studies with great interest.
Teachings of (highly qualified) legal scholars (secondary source)
The main value of these teachings depends on the extent to which the books and articles cited are thorough research into what the law is said to be (lex lata). Legal scholars who compare the views of others to conclude what they think the law ought to be (lex ferenda) are taken far less seriously as a source of international law.
What is the hierarchy of sources?
-Treaties may be void when they conflict with peremptory norms.
-Ergo omnes obligations form a second exception: those obligations are not merely owed to another states, nut to the international community.
-Obligations under the UN charter form the final exception. According to art 103 of the charter obligation sunder the chapter prevail if they conflict with obligations under any other international agreement.
-Ergo omnes obligations form a second exception: those obligations are not merely owed to another states, nut to the international community.
-Obligations under the UN charter form the final exception. According to art 103 of the charter obligation sunder the chapter prevail if they conflict with obligations under any other international agreement.
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