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Sources of International Law

International treaties and agreements between states are the primary source of international law. Customs and practices accepted globally, such as diplomatic immunity or maritime navigation lights, are also important sources. General legal principles common to major legal systems allow the International Court of Justice flexibility in interpreting and developing new international laws to resolve disputes. Prior decisions of international courts and tribunals help establish precedents. The opinions of leading international law scholars provide guidance in analyzing and addressing legal issues between states.

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Mona Lisa Uli Manullang
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561 views6 pages

Sources of International Law

International treaties and agreements between states are the primary source of international law. Customs and practices accepted globally, such as diplomatic immunity or maritime navigation lights, are also important sources. General legal principles common to major legal systems allow the International Court of Justice flexibility in interpreting and developing new international laws to resolve disputes. Prior decisions of international courts and tribunals help establish precedents. The opinions of leading international law scholars provide guidance in analyzing and addressing legal issues between states.

Uploaded by

Mona Lisa Uli Manullang
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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SOURCES OF INTERNATIONAL LAW

1) International Treaties
• International treaties that are the main or primary source of law of
international law are international treaties (treaty), both in the form of
law making treaty and in the form of treaty contracts. Law making
treaty means an international agreement that establishes generally
accepted international legal provisions. For example, the 1961 Vienna
Convention on Diplomatic Relations and the 1963 Vienna Convention
on Consular Relations.
2) International Customs
International custom is a custom that is proven in general
practice and accepted as law. For example, welcoming
guests from other countries and provisions requiring the
installation of lights for ships sailing at night on the high
seas to avoid collisions.
3) General Legal Principles
• What is meant by general legal principles here are the legal
principles that underlie the modern legal system, which
includes all general legal principles of all national legal
systems that are applicable to international relations.
• With the existence of general law principles, the
International Court of Justice is given the flexibility to form
and discover new laws. Thus, there is no reason for the
International Court of Justice to declare nonliquet or refuse
to prosecute due to the absence of laws regulating the issues
raised.
4) Court decisions
• Court decisions referred to as sources of international law
according to the Charter of the International Court of Justice
article 38 paragraph (1) sub d are courts in a broad sense and
include all kinds of international and national courts including
courts and arbitration commissions. The Court referred to here
is the Permanent International Court of Justice, the
International Court of Justice, and the Permanent Court of
Arbitration.
5) Opinions of Leading Scholars in the World
• The opinions of leading scholars in the world can be used
as guidance or guidelines to find out what constitutes
international law, especially for scholars who act in a
function that is directly related to efforts to resolve
international legal problems.
• SEKIAN TERIMA KASIH

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