Exam (elaborations)
LCP4801 Assignment 2 (DETAILED ANSWERS) Semester 1 2024 - DISTINCTION GUARANTEED
- Course
- Institution
DISTINCTION GUARANTEED - DISTINCTION GUARANTEED. Answers, guidelines, workings and references.
[Show more]
Seller
Follow
examexpert01
Reviews received
Content preview
LCP4801Assignment 2
(DETAILED
ANSWERS)
Semester 1 2024 -
DISTINCTION
GUARANTEED
, Question 1 ‘There is no hierarchy among the sources of customary
international law listed in Article 38(1) of the ICJ Statute. It is, in fact, nothing
but an exercise in futility to attempt to justify a ranking of some sort among
these sources.’ To what extent does this statement represent the true nature
of the provisions contained in Article 38(1) of the ICJ Statute? (10)
This statement reflects a perspective that rejects the notion of
hierarchy among the sources of customary international law
outlined in Article 38(1) of the Statute of the International Court of
Justice (ICJ). Let's break down the components:
1. Article 38(1) of the ICJ Statute: This article enumerates the
sources of international law that the ICJ should apply in cases
brought before it. These sources include international
conventions, international custom, general principles of law,
judicial decisions, and the teachings of the most highly
qualified publicists.
2. Hierarchy of Sources: Some scholars argue that there is a
hierarchy among these sources, with international conventions
and international custom being considered primary sources,
followed by general principles of law, judicial decisions, and
teachings of publicists.
3. Perspective in the Statement: The statement suggests that
attempting to establish a hierarchy among these sources is
futile. It implies that each source has its own significance and
contributes to the development and application of international
law in different ways.
4. Interpretation: The interpretation of Article 38(1) can vary
among scholars and practitioners of international law. Some
may argue for a hierarchical approach based on the relative
weight or authority of each source, while others may
emphasize the equal importance of all sources.
In your analysis, you would need to evaluate different
interpretations of Article 38(1) and assess to what extent the
statement accurately reflects the nature of the provisions contained
therein. You could consider arguments both for and against the
existence of a hierarchy among the sources of customary
international law outlined in Article 38(1) of the ICJ Statute.
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller examexpert01. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $2.50. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
67474 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now