SOURCES OF INTERNATIONAL LAW

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Last updated 7:40 AM on 11/20/24
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16 Terms

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Treaty

A formal agreement between countries regarding a specific issue.

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Pacta sunt servanda

A principle in international law meaning that countries should keep their promises made in treaties.

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Customary law

Unwritten rules followed by most countries in international law.

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Opinio juris

The belief that a practice is required or accepted as law in customary international law.

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Soft law

Non-binding instruments that can influence state behavior but do not have to be complied with.

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General principles of law

Common legal concepts that can fill gaps in treaty or customary law.

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Jus cogens norms

Peremptory norms in international law that cannot be violated.

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Ratification

The formal approval of a treaty by a country's national legislature or relevant authority.

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Unilateral act

An action taken by a state that can create legal obligations without the involvement of other states.

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Subsidiary sources of international law

Sources that are not primary, such as judicial decisions and teachings of publicists, which assist in determining rules of law.

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Customary international law

Law derived from consistent and general practice by states accompanied by the belief that such practice is legally obligatory.

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ICJ Statute, Article 38(1)

The article that outlines the primary sources of international law, including treaties, customary law, and general principles.

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Treaties and customary law

Treaties may codify existing customary law or generate new customary rules.

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Precedents in international law

Past decisions of international courts considered in similar future cases.

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Dynamic nature of international law

The ability of international law sources to adapt to changing global circumstances.

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Judicial decisions

Court decisions that can provide guidance and analysis but are not primary sources of law in international law.