International Law explained | What are the sources of International Law?

International Law explained | What are the sources of International Law?

What are the sources of International public law?
Le droit international expliqué | Quelles sont les sources du droit international?

By Hesham Elrafei
https://www.linkedin.com/in/heshamelrafei

Overview of the sources of international public law as stated in Article 38 of the international court of justice ICJ statute : treaty, customary law, courts decisions, jurisprudence and law principles.

Sources of International Law , explained , simplified and visualized.

Les sources du droit international public

مصادر القانون الدولي وفقال لمادة 38 من النظام الأساسي لمحكمة العدل الدولية
1
What are the sources of international law?
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The term ‘source of law’ refer to legal rules governing the international community.
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Unlike national laws , where sources of law are specified in a norm superior to laws and regulations, usually a constitution, no such norm exists in international law.

4
The International Court of Justice, stipulated a catalogue of sources of international law,
which is used when deciding legal disputes submitted before the world court.

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the first source is international treaties, whether a general or particular treaty, a bilateral ,regional or multinational one,

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a treaty is a binding international agreement. by which the countries are obliged to observe their contractual obligations.

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the 2nd source is customary law. At the outset, international law was mainly constituted by customs.
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which is by its nature, universal, whereas treaty law binds the parties to these treaties only
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International custom consists of 2 elements: First is State practice, which means What generally States Do and Say.

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Oppinio Juris is the 2nd element of customary law. It means that the state practice, has to be accepted as law, by the other states.

11 In addition to treaties and customs, other sources exist, such as Judicial decisions , juristic writings and general principles of law.
12
while they are not formal sources , they can still play an important role as an evidence of the law.