Explain the sources of international law, Management Theories

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SOURCES OF INTERNATIONAL LAW

 International law does not possess formal institutions responsible for creating laws; however, there are certain rules and methods which can help in determining the sources of international law. In this connection, article 38 (1) of the Statute of International Court of Justice (ICJ) is accepted as the most authoritative regime containing the sources of international law stating:

"the court, whose function is to decide in accordance with international law such disputes as are submitted to it, shall apply:

a. International conventions, whether general or particular, establishing rules expressly recognized by the contesting States;

b. International custom, as evidence of a general practice accepted as law

c.  The general principles of law recognized by civilized nations;

d. Subject to the provisions of article 59, judicial decisions and the teaching of the most highly  qualified  publicists  of  the  various  nations,  as  subsidiary  means  for  the determination of rules of law".

 


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