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Sources of International Law
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International Treaties
Examples: United Nations Charter, Treaty of Versailles. Explanation: These are international agreements written between States and governed by international law.
International Conventions
Examples: Vienna Convention on Diplomatic Relations, Convention on the Rights of the Child. Explanation: International conventions are formal agreements between states that are legally binding.
Judicial Decisions
Examples: International Court of Justice rulings, judgments of the International Criminal Court. Explanation: Judicial decisions contribute to international law by clarifying and interpreting the law.
Customary International Law
Examples: Principle of non-refoulement, diplomatic immunity. Explanation: Customary international law arises from consistent state practice and a belief that such practice is legally required (opinio juris).
Teachings of the Most Highly Qualified Publicists
Examples: Writings of Hans Kelsen, Commentaries by Oppenheim. Explanation: Scholarly works and commentaries by respected legal experts are considered as subsidiary means for the determination of rules of international law.
United Nations Security Council Resolutions
Examples: Resolution 242 (on the Israel-Palestine conflict), Resolution 1373 (on terrorism). Explanation: These resolutions are binding on UN member states and can create obligations that are enforceable under international law.
General Principles of Law
Examples: Principle of good faith, principle of estoppel. Explanation: These are principles that are recognized by civilized nations and form part of their legal systems.
United Nations General Assembly Resolutions
Examples: Universal Declaration of Human Rights, Declaration on the Granting of Independence to Colonial Countries and Peoples. Explanation: Resolutions can be indicative of the international community's opinion and might lead to customary international law.
Unilateral Declarations
Examples: Declaration of the acceptance of compulsory jurisdiction of the International Court of Justice. Explanation: Unilateral declarations by states can create legal obligations if they are intended to be binding and are made publicly.
International Declarations
Examples: Rio Declaration on Environment and Development, Stockholm Declaration. Explanation: Declarations often represent a consensus on certain principles and can influence the development of international law.
Documents of International Organizations
Examples: World Health Organization guidelines, International Labour Organization conventions. Explanation: Documents adopted by international organizations can inform state behavior and sometimes lead to binding obligations.
International Arbitral Decisions
Examples: Decisions by the Permanent Court of Arbitration, tribunal awards. Explanation: Arbitral decisions resolve disputes between states or other parties and can contribute to international jurisprudence.
Multilateral Treaties
Examples: Treaty on the Non-Proliferation of Nuclear Weapons, Kyoto Protocol. Explanation: Treaties that involve multiple states and address broader issues such as global disarmament or environmental protection.
Domestic Court Decisions
Examples: Decisions by national supreme courts on issues of international law. Explanation: Domestic court decisions can have an impact on the development of international law when they address international legal questions.
Soft Law
Examples: Helsinki Final Act, Paris Declaration on Aid Effectiveness. Explanation: Soft law refers to non-binding agreements or instruments that still have a significant influence on international behavior and norms.
Bilateral Treaties
Examples: Peace treaties, trade agreements. Explanation: Agreements between two states that govern their relationship on specific matters.
Global Compacts
Examples: Global Compact for Migration, Global Compact on Refugees. Explanation: These are non-binding agreements between states to address global issues collaboratively.
Equity
Examples: Adjustments to reparations after a war, equitable resource distribution. Explanation: Equity as a legal concept in international law refers to fairness and justice in specific situations that international law might not directly address.
Regional Treaties
Examples: European Convention on Human Rights, North American Free Trade Agreement. Explanation: Treaties that are binding on member states within a particular region of the world.
Resolution of International Disputes
Examples: Advisory opinions of the International Court of Justice, dispute settlement under the WTO. Explanation: The resolution of disputes through international mechanisms contributes to the development and clarification of international law.
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