Sources Of International Law Essay Example | Topics and Well Written Essays - 2000 words

Sources Of International Law - Essay voice2. Customary lawInternational bespokes are the oldest and the original source of multinational as rise up as of law in general.3 Article 38 (b) of the statute of multinational judicatory of justice recognises global custom as evidence of general practice accepted as law.Elements of customary law.i) Long continuation - This is true of a custom in municipal law. However, this requirement is non necessary in international law. Article 38 of the statute of the international court of justice directs the world court to apply international custom as evidence of a general practice accepted as law. Emphasis is not given on a practice being repeated3.Oppenheims International Law, note 4 p 25.ii) Uniformity and consistency The custom should be uniform and consistent. In the asylum case4 the International Court of jurist observed that the line up invoked should be in accordance with a constant and uniform usage estimable by the states in questi on.Article 38 of the statute of the court, which refers to international custom as evidence of a general practice, accepted as law.In its judgment of 27 June, 1986 in the case concerning Military and paramilitary unit activities in and against Nicaragua5 while referring occasional violations of the principles of non- interpolation the International Court of Justice observedIt is not to be expected that in the practice of states the occupation of the rules in question should have been perfect in the spirit that states should have refrained, with complete consistence, from the use of wedge or from intervention in each others internal affairs. The court does not consider that, for a rule to be established as customary, the corresponding practice must be in absolutely nonindulgent...Whenever an international court decides an international dispute its first endeavour is to harness out whether there is international treaty, the decision of the court is based on that treaty. Accordi ng to article 2 of the Vienna convention on the law of the Treaties, 1969, A treaty is an agreementii) Uniformity and consistency The custom should be uniform and consistent. In the asylum case4 the International Court of Justice observed that the rule invoked should be in accordance with a constant and uniform usage practiced by the states in question.In its judgment of 27 June, 1986 in the case concerning Military and paramilitary activities in and against Nicaragua5 while referring occasional violations of the principles of non- intervention the International Court of Justice observedIt is not to be expected that in the practice of states the application of the rules in question should have been perfect in the sense that states should have refrained, with complete consistence, from the use of force or from intervention in each others internal affairs. The court does not consider that, for a rule to be established as customary, the corresponding practice must be in absolutely rigo rous conformity with the rule.6iv) Opinion juris et necessitates - According to arti