What is Article 38 1 of the ICJ for?
Article 38(1)of the ICJ divides the sources of international law into those of a primary and secondary nature. The primary sources, which the Court will consider in its decisions, include conventions (or treaties), customary law, and general principles recognized by civilized nations.
What does Article 38 1 of the ICJ statute says about the sources of international law discuss in detail?
Primary Sources. Primary Sources of International Law are considered formal in nature. They come from official bodies which include Treaties, Customs and principle of Law. Article 38(1)(a-c) of the ICJ statute is widely recognized as the backbone of the formal source of International Law.
Is Article 38 of ICJ exhaustive?
Lex lata, the formal sources listed in Article 38(1) is not exhaustive, and does not reflect the legal realities of contemporary international law. There is a ‘brave new world of international law’ where other “material sources” (or “soft law”) ought to be considered.
What are the five sources of international law according to Art 38 1 of the Statute of International Court of Justice?
Article 38(1) of the Statute of the International Court of Justice (ICJ) lists four sources of international law: treaties and conventions, custom, general principles of law, and judicial decisions and teachings. The ICJ only hears lawsuits between nation-states.
What is the purpose of the ICJ statute?
The Court’s role is to settle, in accordance with international law, legal disputes submitted to it by States and to give advisory opinions on legal questions referred to it by authorized United Nations organs and specialized agencies.
What are the sources of international law according to the ICJ statute?
Sources of international law include treaties, international customs, general widely recognized principles of law, the decisions of national and lower courts, and scholarly writings. They are the materials and processes out of which the rules and principles regulating the international community are developed.
What are the 2 important roles of the ICJ?
The International Court of Justice (ICJ) is the principal judicial organ of the UN. The Court has two functions: To settle, in accordance with international law, legal disputes submitted by States, and. To give advisory opinions on legal questions referred to it by authorized UN organs and specialized agencies.
Who was the first woman judge of the International Court of Justice?
Justice M. Fathima Beevi
International Women’s Day: Who was the first woman judge to assume office in Supreme Court? Justice M. Fathima Beevi became the first woman judge to be appointed to the Supreme Court of India, in 1989.
Why is Article 38 of the Statute of the ICJ important?
Although Articles 38 of the statute of the ICJ have been provided in principle to provide guide and directions to the International (1) Court of Justice in administering justice, it is mentioned whenever there is any meaningful discussion on the sources of international law
What do you need to know about Article 38?
According to Article 38, the ICJ is required to apply, among other things, international conventions (that are expressly recognized by the contesting states), international custom, (as evidence of a general practice accepted as law), general principles of law, judicial decisions, and juristic writings as means for the determination of rules of law.
Who are the parties to the ICJ Statute?
The ICJ is the principal legal organ of the United Nations. Under Article 93 of the UN Charter, all UN member states are ipso facto parties to the ICJ Statute, but they are not required to submit any case to it except in cases where they have consented or promised to do so.