POLS 3652 Lecture Notes - Peremptory Norm, Nicaragua V. United States, Subdivisions Of Russia
16 Oct 2013
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Document Summary
The characteristics of the society is that. It is said that our municipal laws are backed with sanction: however. There are numerous laws within society that are not backed by sanction. Laws are followed because of normativity and not because of sanction. There is a difference between existence of law and the effectiveness of it. The problem is not to see the difference above. We have international society and international law. Every single state has given its consent: fons fundo or fontanus (fountain but not source = idea of law) Law-creating processes represents the source of the water. Article 38 of the statute of the icj: the court has to apply international conventions or customs or general principle of law. International convention, custom, principle of law are formal sources: a complete statement of the sources of international law, the court may be expected to observe the order in which they appear as importance.
