Sources and Hierarchy of International Law | Quizlet

Sources of International Law

Foundational elements defining legal norms in international relations.

Formal Sources

Legally binding methods for law creation and application.

Material Sources

Non-binding evidence illuminating legally binding rules.

Article 38

ICJ statute outlining sources of international law.

International Treaties

Legally binding agreements between states, multilateral or bilateral.

International Custom

General practices accepted as law by states.

General Principles of Law

Fundamental legal norms recognized by civilized nations.

Subsidiary Means

Judicial decisions and teachings aiding legal rule determination.

Hierarchy of Sources

Debate on the primacy of legal sources in international law.

Usus

State practice as a component of customary law.

Opinio Juris Necessitatis

Psychological acceptance of a practice as legally binding.

General Practice Requirements

States' actions or inactions must reflect consistent behavior.

Dynamic Phenomenon

Customary law evolves with changing state practices.

State Conduct

Actions of states can establish customary legal practices.

Nicaragua Case

Example illustrating state conduct and rule breaches.

Acceptance as Law

Psychological state determining customary law formation.

Sir Hersch Lauterpacht

Proposed presumption of uniform state conduct as evidence.

Judicial Decisions

Court rulings contributing to the understanding of law.

Teachings of Publicists

Scholarly writings influencing interpretations of legal norms.

Multilateral Treaties

Agreements involving multiple states establishing common rules.

Particular Treaties

Bilateral agreements between specific states.

Legal Norms

Standards governing behavior and relations in international law.

Opinio Juris

Belief that a practice is legally obligatory.

Customary International Law

Unwritten law binding all states through practice.

Persistent Objection

State's right to reject new customary rules.

Subsequent Objection

State objects to changes after initially accepting a rule.

Particular Custom

Custom binding only two states involved.

Holistic Vision

Understanding treaties' interrelations within international law.

Covenant

International agreement governed by international law.

Lawmaking Treaties

Multilateral conventions creating general legal rules.

Non Liquet

Situation with no applicable legal rules available.

Reparation Obligation

Duty to compensate for breach of obligation.

Principle of Estoppel

Prevents contradicting previous conduct in court.

Acquiescence

Acceptance of a situation through inaction.

Abuse of Rights

Exercising rights in a way that harms others.

Good Faith

Acting honestly and fairly in legal obligations.

Nemo Judex in Sua Causa

No one should be a judge in their own case.

Lis Pendens

Another suit is pending before another procedure.

Res Judicata

A matter already judged cannot be re-litigated.

Clean Hands Doctrine

Prevents complaints from parties with similar misconduct.

Soft Law

Non-binding standards influencing future legal development.

Jus Cogens

Peremptory norms with superior status in law.

Obligations Erga Omnes

Obligations owed to the international community as a whole.

Universal Scope of Jus Cogens

Applicable to all states without exception.

Non-Derogability

Jus cogens cannot be violated or overridden.

ICJ's Role

Interprets and applies international law in disputes.

General Assembly Resolutions

Influential but non-binding decisions by UN body.

Security Council Resolutions

Binding decisions under UN Charter for member states.

Equity in Law

Fairness considerations guiding legal resolutions.

Unilateral Acts of States

Actions binding a state under specific conditions.

Geneva Convention

Multilateral treaty establishing humanitarian law standards.

Prohibition of Genocide

Intent to destroy a group defined under law.

Crimes Against Humanity

Severe violations recognized under international law.

Prohibition Against Torture

Defined acts of severe pain or suffering.

Right to Self-Determination

Peoples' right to determine their political status.

Lex Specialis

Specific law prevails over general law.

Lex Posterior

More recent law prevails over older law.