ECH 4320 Chapter 4: ECH4320 Study Notes.docx

• School: University of Ottawa
• Department: Conflict Studies and Human Rights
• Course: ECH 4320
• Professor: Musu Constanza

Document Summary

Article 38 (1)- contains certain instruments the icj may apply when dealing with disputes submitted to it: the court, whose function is to decide in accordance with international law such disputes as are submitted to it, shall apply. International conventions /treaties: customs, general principles of law as recognized by civilized nations, writings and rulings of the most highly qualified publicists. Vienna convention on the law of treatie: foreost instrument of law governing treaties and it limits its scope to certain classes of agreement. Customs: customary international law results from a general and consistent practice of states followed by them from a sense of legal obligation, no universally accepted definition. It is distinguished from mere habit or usage because it involves legal obligation. International custom can arise through acts or omissions: existence of customary law relies on general practice and the acceptance of this practice as law, state practice and opinion juris are the two ingredients of customary international law.