What are the sources of international law? That is: how is international law created?
Typically, one would point to Article 38 of the Statute of the International Court of Justice, as Judge, and current President of the International Court of Justice, Rosalyn Higgins does below.
Judge Rosalyn Higgins here introduces the sources of international law.
If you wish to see the whole interview with Rosalyn Higgins, click here .
Article 38(1)(a) -- Treaties
"international conventions, whether general or particular, establishing rules expressly recognized by the contesting states;"
Reservations to Treaties
Thomas Buergenthal, Judge at the International Court of Justice, speaks about reservations to treaties.
If you wish to see the whole interview with Thomas Buergenthal, click here .
Article 38(1)(b) -- Custom
"international custom, as evidence of a general practice accepted as law;"
Local Custom and the Passage over India Case
On location, your host, Jean Allain, discusses the notion of a local or bilateral custom and how it manifested itself in the Passage over Indian Territory case.
Article 38(1)(c) -- General Principles
"the general principles of law recognized by civilized nations;"
Article 38(1)(b) -- As subsidiary means: judicial decisions and scholarship
"judicial decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law. "
Links:
The Statute of the International Court of Justice
1969 Vienna Convention on the Law of Treaties
1960 Passage over Indian Territory case