Adhering to Academic Guidelines, and Proper citing relevant
literature.
RELIABLE, RESEARCHED AND IN ACCORDANCE WITH THE GIVEN
GUIDELINES ALWAYS!
Compliance with academic guidelines and standards.
Thorough research that explores various facets of the topic
Clear and concise writing. Proper grammar, syntax, and language use.
In-depth critical analysis of theories, concepts, and evidence.
Alignment of content with the research question or objective.
Proper citation of relevant literature.
Thorough proofreading and attention to formatting details.
Have the Confidence knowing the work you are buying is compliant with academic guidelines and
standards and proper citations of relevant literature.
LCP4801 Assignment 2 Accuate Answers | Semester 1 2024 | Footnotes and Bibliography Included!
, 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?
Article 38(1) of the Statute of the International Court of Justice.Article1 of the
International Court of Justice (ICJ) Statute, the listed sources of international law do
not inherently possess a hierarchical structure. This provision outlines the materials
and methods the ICJ is to utilize in resolving disputes, which include:
1. International conventions that establish rules acknowledged by the states
involved in a dispute.
2. International custom, evidenced by a general practice accepted as law.
3. General principles of law recognized by civilized nations.
4. Judicial decisions and the teachings of highly qualified scholars in the field,
which serve as supplementary means for determining legal rules.
While the designation of judicial decisions and scholarly teachings as "subsidiary
means for the determination of rules of law" might imply a secondary status relative
to treaties and customs, it doesn't firmly establish a hierarchy among these sources.
Instead, the emphasis on their subsidiary role suggests that treaties, customs, and
general principles of law generally take precedence in the adjudication process.
However, the absence of a clear hierarchy among these primary sources implies that
the Court has discretion in applying them based on the specifics of each case, thus
reflecting the statement's perspective that attempting to impose a strict ranking
would be unproductive. The primary sources, therefore, include treaties, customary
international law, and general principles of law, with judicial decisions and scholarly
teachings providing additional guidance.
1 Article 38(1) of the Statute of the International Court of Justice.Article
