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INTERNATIONAL LAW ASSIGNMENT 02 SEMESTER 02
- Course
- INTERNATIONAL LAW (LCP4801)
- Institution
- University Of South Africa (Unisa)
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QUESTION 1This sentence refers to the idea that international responsibilities should be carried
out in good faith.
This statement is referring to the idea of incorporating domestic customs into the
legal system.
The equality of treaties and municipal law in many nations is the idea being
discussed in this sentence.
The doctrine of the non-applicability of domestic law principles to international law is
the one being discussed in this sentence.
The definition of an international organization is the idea being discussed in this
sentence.
QUESTION 2
Heading 2
The statement that there is no hierarchy among the sources of customary
international law listed in Article 38(1) of the ICJ Statute is not entirely accurate.
While Article 38(1) does not explicitly establish a ranking or hierarchy among the
sources, it does provide guidance on the relative weight and importance of these
sources.
Heading 3
Article 38(1) of the ICJ Statute states that the Court shall apply "international custom,
as evidence of a general practice accepted as law" and "the general principles of law
recognized by civilized nations." It also mentions "judicial decisions and the
teachings of the most highly qualified publicists of the various nations" as subsidiary
means for the determination of rules of law.
Heading 3
While the provision does not explicitly prioritize or rank these sources, it implies that
customary international law is the primary source, followed by general principles of
law, judicial decisions, and teachings of qualified publicists. This suggests that
customary international law holds a higher status compared to the other sources.
Heading 3
However, it is important to note that the weight and relevance of each source may
vary depending on the specific circumstances of a case. The Court has the
discretion to determine the persuasive value of each source based on its relevance,
consistency, and acceptance by the international community.
Heading 3
In conclusion, while Article 38(1) of the ICJ Statute does not explicitly establish a
hierarchy among the sources of customary international law, it does provide
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