Sources of public international law.

There are various sources of international law as follows-

• Main sources

1.      Treaties

2.      Custom

3.      Judicial decision

4.      General principle of law recognized by civilized states

5.      Writings of jurists

6.      Equity

7.      Resolutions of the General Assembly

• Some other sources

1. International comity
2. State paper
3. State paper for their officers
4. Reason
5. Equity and Justice

       

1. Treaties:  At present international treaties are the most important source of international

    Article 38(1)(a)  of the statute of the international Court of Justice lays  down that the

     Court while deciding any dispute shall apply international conventions which are expressly recognized by the contesting states. Treaties therefore have acquired a dominant importance in international law.

        Treaties are agreements between two or more states by which they create or intend to create a relationship between themselves.

2. Custom: Custom is the original and the oldest source of international law and at the time it was the most important among the other sources. Custom is the foundation stone of the modern international law. It was so because a large part of international law consists of customary rules.

  International custom evolve through the practiced and usages of nations and their recognition by the community of nations. Customary rules are referred to those rules which are practiced by most of the states.

3. Judicial Decisions: Judicial decision as the source of international law can be discuss in following points:

  a. International Court of Justice: In modern period international court of justice is the main International Judicial Tribunal. However, however it should be noted that the decision of International Court of Justice does not create a binding general rule of International Law.

  b. Awards of International Tribunal: Awards of international tribunal such as the ‘Permanent Court of Justice’, ‘American Mixed Claim Tribunal etc.

  c. State Judicial Decision: the state/domestic judicial decision helps in development of international law in some context.

  d. Juristic Work: although the judicial work can’t be treated as an independent source of international law; yet the view of the jurists may help in the development of law.

4. General principle of law recognized by the civilized nations: Article 38(1)(C) of the Statute of International Court of Justice recognized the General principle of law recognized by the civilized state as the third source of international law. In the modern period it has become an important source.

5. Writing of Jurists: Text books or writing of the jurists are one of the important sources of international law. The writings of – Ayala, Grotious, Puffendorf, Bynkershock, Vattel etc has make undoubted contribution in the development of international law

6. Equity: The term equity as a source of international law is used in the sense of consideration of fairness, reasonableness and policy often necessary for the sensible application of more settled rule of law. It is to be noted that equity has not been mentioned by the Statute of International Court of Justice as the source of international law. However, it is of great importance in the field where rules are not readily available. The Court in such cases can not refrain itself from rendering justice on the ground that law is silent.

7. Resolutions of the General Assembly: Resolutions of the General Assembly is also one of the sources of international law. Though Resolutions of the General Assembly of U.N do not possess legal character and as such are not binding on the States.