国际法课件二.pptVIP

“The most difficult thing about international law is finding it.” Geoffrey R. Watson, The Oslo Accords: International Law and the Israeli-Palestinian Peace Agreements (2000) CHAPTER II: SOURCES OF INTERNATIONAL LAW A. Sources of law: Article 38 of the ICJ: The Court shall apply (a) international conventions…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 decision and the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law. B. International Conventions (Treaties) Multilateral (binding more than 2 nations) Bilateral (binding 2 nations) Treaty Process countries negotiate a treaty treaty text is signed countries approve treaty in accordance with domestic law 1.Definition of Treaty “An international agreement concluded between States in written form and governed by international law, whether embodied in a single instrument or in two or more related instruments and whatever its particular designation.” Vienna Convention on the Law of Treaties, Article 2 Include conventions, agreements, covenants, charters, protocols, pacts, accords, statutes, etc (synonyms of treaty ) The Essential Elements of “Treaty it must be international agreements which create binding obligations for the parties. it can only be concluded between or among subjects possessing international personality with exception for individuals. C. Customary Law (“Custom”) 1.Defined: a general practice accepted as law The Statute Rules results from a general and consistent practice of states followed by them from a sense of legal obligation The Restatement 2. Establishing the Existence of a Customary Law: a. material element: Usus (Latin for: usage): Is the consistent an