ULUSLARARASI KAMU HUKUKU I

Sources of international law are not as explicit and accessible as those of municipal law, nor is the machinery for their identification comparable to municipal law. However, the internationally accepted classification of sources of international law is formulated in Article 38 of the Statute of the International Court of Justice. These sources are: a. international conventions, whether general or particular, 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 decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law.

Custom may be treated as a source of law if it manifests the attributes of antiquity, certainty, continuity, consistency, and uniformity.

Opinio juris sive necessitatis means “an opinion of law or necessity.” It is the belief that an action was carried out because it was a legal obligation. This term is frequently used in legal proceedings as a defense in a case.

Treaty contracts are the agreements between two (or only limited number of) States on a special matter concerning those States exclusively.

Amiable compositeur under international law refers to an unbiased third party, who suggests solution to a dispute between countries. An amiable compositeur acts as a conciliator or a mediator rather than a decision-maker in a dispute. An amiable compositeur is also not bound to apply strict rules of civil procedure and substantive law

Resolutions of the General Assembly are sometimes referred to as soft law, since they cannot be classified as full-fledged rules of international law such as international custom, treaties, or general principles of law.

Repetition or recitation of a resolution in subsequent resolutions adds further weight and helps in the formation of a new rule. Repetition demonstrates the continuity, consistency, and uniformity of the States’ conduct and practice in conformity with the rules stated therein. This may lead to formulating instant customary international law, a term coined by B. Cheng (1965).The subsequent conduct of States, after the adoption of a resolution, is similarly important in the formulation of a new rule.

Estoppel [from Norman French estouper, to stop up]: A rule of evidence or a rule of law that prevents a person from denying the truth of a statement he has made or from denying facts that he has alleged to exist. The denial must have been acted upon (probably to his disadvantage) by the person who wishes to take advantage of the estoppel or his position must have been altered as a result. There are several varieties of estoppel.

Subrogation: The substitution of one person for another so that the person substituted succeeds to the rights of the other.

Non-liquet means “it is not clear.” In law, a non liquet is a situation where there is no applicable law. It refers to a situation in which a competent court or tribunal fails to decide the merits of a case for the absence of suitable law, the vagueness or ambiguity of rules, inconsistencies in law, or the injustice of the legal consequences.

Judicial decisions and juristic work on international law fall into the category of subsidiary sources.

From formal sources, the law derives its authority or sanction.

Ex aequo et bono means what is just and fair or according to equity and good conscience.

Antiquity, certainty, continuity, consistency, and uniformity are attributes of international custom.

Resolutions and Declarations of the UN General Assembly are other possible sources of international law.

In the Corfu Channel case, the International Court of Justice recognized state responsibility for damage to one country caused by activities within the jurisdiction of another country.

Opinio juris sive necessitatis is the belief that an action was carried out because it was a legal obligation

The Final Act of the Congress of Vienna of 1815 made Switzerland a neutral country.

The Permanent Court of International Justice was created in 1921.

B. Cheng coined the term of instant customary international law.