Article 38(1) of the Statute of the International Court of Justice is generally recognized as a definitive statement of the sources of … See more

On the question of preference between sources of international law, rules established by treaty will take preference if such an instrument … See more

Article 38(1)(b) of the ICJ Statute refers to "international custom" as a source of international law, specifically emphasizing the two requirements of state practice plus acceptance of the practice as obligatory or opinio juris sive necessitatis (usually abbreviated as … See more

According to Article 38(1)(d) of its Statute, the ICJ is also to apply "judicial decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary means … See more

During the 19th century, it was recognized by legal positivists that a sovereign could limit its authority to act by consenting to an agreement according … See more

Treaties and conventions are the persuasive source of international law and are considered "hard law." Treaties can play the role of contracts between two or more parties, such as an extradition treaty or a defense pact. Treaties can also be legislation See more

The scope of general principles of law, to which Article 38(1) of the Statute of the ICJ refers, is unclear and controversial but may include such legal principles that are common to a large … See more