The sources of international law - Article 38 of the Statute of the Internationa Court of Justice

4 important questions on The sources of international law - Article 38 of the Statute of the Internationa Court of Justice

What does art. 38 primarily concentrate on?

The activities of states.

How can non-state actors contribute to law creation?(2)

  • When international organisations conclude treaties.
  • When the actions of individuals, groups or even multinational companies contribute to the development of customary practice.

What does 'formal source' mean?

A formal source of law is a process by which a legal rule comes into existence: it is law creating.
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What does 'material source' mean?

Material sources are not concerned with the formal act of law creation. Material sources are those sources of law concerned with the substance and content of legal obligations.

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