OG 4 – Legal English
THE SOURCES OF INTERNATIONAL LAW
Article 38 of the Statute of the International Court of Justice:
1 What are the sources of international law? Explain each briefly.
The main sources of international law are treaty law, international customary law and
general principles of law recognised by civilised nations.
Treaty law = a treaty is an agreement between countries or international organisations.
Treaties can be bilateral (between 2 countries) and multilateral (between three or more).
International customary law = law consisting of customs that are accepted as legal
requirements or obligatory rules of conduct. It can consist of written or unwritten rules, it
is binding on all binding states.
When you order something from America, you (probably) have to pay custom fees.
General principles of law recognised by civilised nations = ?
2 How can states express their consent to be bound by a treaty?
Definitive signature, acceptance, approval and expression. Article 11-17 the united
nations convention on the law of treaties
3 What is a reservation?
From a state in which they accept a treaty, approve it by signing and they are legally
bound by it. Article 2 of the Vienna convention
Vienna convention:
https://treaties.un.org/doc/Publication/UNTS/Volume%201155/volume-1155-i-18232-
english.pdf?
fbclid=IwAR2L9LrwliMZmWYdpDGyEnSjAGOC44H_vAvBfNvqeDBs7gK8WTDaGm5NSpE
4 When does a treaty enter into force?
Article 24 of the Vienna convention
5 Explain the principle of ‘pacta sunt servanda’.
It is a general legal principle that is important in different branches of law. It means
‘agreements must be kept’.
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