Law 2101 Quiz: Sources of International Law Customary International Law
Document Summary
The modern theory of sources of international law is based on the positivist consensual theory. All international obligations are considered to be derived from the consent of state: article 38 of the statute of the international court of justice, primary sources (or creating sources because they create new rights and obligations) General principles of law recognized by civilized nations. * secondary sources (or identifying because they merely apply or clarify the contents of the existing law) Judicial decisions and scholarly contributions: conventions/ treaties. Most direct and formal way to creates rights and obligations under international law. Treaty creates obligations only based on state consent. Multilateral / bilateral / constituent treaty: custom. Absence of international law-maker has made custom a particularly important source of international law. Custom is based on the every day inter-states action (therefore has the ability to change depending on the circumstances).
