LAWS1023 Final: LAWS1023 Week 1
20 Jul 2018
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Midsem any material from week 1-5, one hour, open book problem question and essay. Formal source of law: process in which a legal rule comes into existence, the law is created e. g. bill through parliament, treaties (formal/material), customary law and general principles are formal sources of law. Judicial decisions are material sources of law: treaties may also be material sources of law, art 38(1)(a) treaties: In writing matters: whatever its particular designation e. g. treaty, agreement, covenant, convention, protocol, pact, charter [doesn"t matter what it"s called] Once in force for the parties, a treaty is legally binding on the parties and any breach will be a violation of international law and consequences will follow. Netherlands: art 38(1)(b) customary international law (cil) Controversial as it is quite abstract (?) Explanation by oppenheim 1905: customary rules grew up by common, tacit consent of states, states dealing with each other required rules of international conduct.
