Sources of International law - customary international law overview of sources

6 important questions on Sources of International law - customary international law overview of sources

Which sources of International Law are mentioned in Article 38 of the International Court of Justice?

1. International conventions
2. International custom
3. General principles of law
4. Secondary; judicial decisions and teaching of the most highly qualified publicist

Which sources are not mentioned in the Statute

1. Binding decisions of international organizations
2. Unilateral (legally binding) statements

When do we look at this subjective element (opinio juris)

We only look at this subjective element, when there is a reason to believe that a particular behaviour stems from non-legal motives.
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Which doctrine is there in customary international law and what does this doctrine mean?

There is the doctrine of persistently objecting to the practice. This means that a state may avoid being bound by an emerging customary law.

This does not apply to peremptory norms (jus cogens), because you always have to follow these norms and none of the time you may object to them.  

What do article 25 and 103 of the UN Charter say?

Article 25: All members of the agree to accept and carry out decisions of the security council
Article 103: obligations under the charter shall prevail when they are conflicting with their obligations under any other international agreement.

How wil a conflict between international law norms be resolved most of the time?

It will be resolved through the techniques of interpretation.

Example: Lex Specialis

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