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Article 38 of the statute of the International Court of Justice(ICJ).

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  • Essay length: 1449 words
  • Submitted: 22/12/2003
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University Degree English Legal System

The first 200 words of this essay...

INTERNATIONAL LAW AND INSTITUTIONS

M07914

COURSEWORK

NAME: JACQUELINE YEE-BING, LEE

STUDENT NUMBER: 01228801

NUMBER OF WORDS: 895

In relation to Article 38 of the statute of the International Court of Justice(ICJ), Schwarzenberger. defined; 'In order to enable the World court to apply any asserted rule of international law, it must be shown that it is the product of one, or more, of three law creating processes.'1 These processes are; treaties, international customary law, and the general principles of law recognized by civilized nations. References to judicial decisions or to the teachings of highly qualified publicist are secondary sources of international law. However, in accepting that there is a material and formal distinction between the sources of law, it is reasonable to assume that there is some form of hierarchy within the Article 38 as the sources cannot be equally important.

Treaties are of growing importance and the 'maids-of-all-work'2 in international law. Often, they resemble contracts in national system of law, but they also perform functions, which in national systems, would be carried out by Acts of Parliament. The only distinction between a 'law-making treaty' and a 'contract-treaty' is one of content.

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