Sources Of International Law

ourcSOURCES OF planetary rightfulness: A RE-EVALUATION By ABDUL GHAFUR HAMID @ KHIN MAUNG SEIN Associate Professor Ahmad Ibrahim Kulliyyah of Laws world-wide Muslim University Malaysia IIUM Law Journal Vol. 11, no(prenominal) 2 (2003) 203-240 2 SOURCES OF INTERNATIONAL LAW: A RE-EVALUATION ABDUL GHAFUR HAMID @ KHIN MAUNG SEIN 1 ABSTRACT The changes in international fraternity since 1945 stimulate led to fundamental disputes on the sources of international impartiality and it moldiness be admitted that they have hold up an area of considerable4 notional controversy. In particular, the cardinal traditional sources, wont and conformity, are like a shot often problematical to distinguish intelligibly. The present story attempts to clearly identify the fundamental interaction amid the two main sources, that is to approximate tailoredary police and accord police, and clarify the controversy relating to the pecking agency among the sources of international uprightness. The source finds that custom and treaties are still the round-eyed sources of international rightfulness and that thither is no hierarchy mingled with them: they are of equal status. In recent years, however, a unused category of international regularizes, jus cogens, has sustain into being, which is hierarchic onlyy superior to each(prenominal) the early(a) rules of international law.

The writer suggests that between accordance law and accustomed law, the practice is that if there is a treaty dole out version the two parties to a dispute, the butterfly will, first of all, mind at the treaty, which is a jus scriptum. level off in such a situation, however, we cannot say that accustomed law is enti hope ir germane(predicate). The Court in approximately cases applies two treaty law and customary law simultaneously so that it can deal with all the legal issues snarled in the dispute. If there is no treaty binding the two parties to a dispute, then the Court has to rely exclusively on customary international law for the ratiocination of the dispute. If no relevant rule can be put together in treaty law and custom, then the court may apply the ecumenic principles of law. The other sources...If you want to get a full essay, order it on our website: Orderessay

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