Law 5110 Study Guide - Quiz Guide: Hugo Grotius, European Court Of Human Rights, Customary International Law
Document Summary
Sources of law determine the rules of legal society. They contain the legal answers to the questions that cannot be answered in national law. In domestic law the identification of legal sources is usually not a problem. This is more difficult in il as it is a decentralized legal system, meaning that legal obligations may derive from more than one source. Legal sources enable legal subject to distinguish between norms of a legal character and those of a political/morel/ethical nature. While proponents of natural law find sources of il in what they consider to be elementary dictates of justice, positivists will look for evidence of state will. 38 of the icj statute is based on the positivist/consensual theory. 38 of the international court of justice statute: It is a classical attempt at listing sources of il: General principles of law recognized by civilized nations (jus cogens). 59, judicial decisions and teaching of the most highly qualified publicists of various nations.
