Name: Peach and Green Organic Shapes Meditation Workshop Webinar Keynote Presentation
Uploaded: 2021-11-29
Duration: 6 min 42 s
Description: . . PRESENTATION. S. NAME - TEJAS SHIVAJI GAIKWAD.

. . PRESENTATION. S. NAME - TEJAS SHIVAJI GAIKWAD. 

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. . International law also known as "law of nations" is the name of a body of
rules which regulate the conduct of sovereign states in their relations with
one another.[1] Sources of international law include treaties, international. 

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International law also known as "law of nations" is the name of a body of
rules which regulate the conduct of sovereign states in their relations with
one another.[1] Sources of international law include treaties, international

customs, general widely recognized principles of law, the decisions of

national and lower courts, and scholarly writings. They are the materials

and processes out of which the rules and principles regulating the

international community are developed. They have been influenced by a

. . Article 38(1) of the Statute of the International Court of Justice is generally recognized as a
definitive statement of the sources of international law. It requires the Court to apply, among
other things, (a) international conventions, whether general or particular, establishing rules. 

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Article 38(1) of the Statute of the International Court of Justice is generally recognized as a
definitive statement of the sources of international law. It requires the Court to apply, among
other things, (a) international conventions, whether general or particular, establishing rules

expressly recognized by the contesting states; (b) international custom, as evidence of a
general practice accepted as law; (c) the general principles of law recognized by civilized

nations; (d) subject to the provisions of Article 59, judicial decisions and the teachings of the

most highly qualified publicists of the various nations, as subsidiary means for the

. . During the 19th century, it was recognized by legal positivists that a sovereign
could limit its authority to act by consenting to an agreement according to the
principle pacta sunt servanda. This consensual view of international law was. 

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During the 19th century, it was recognized by legal positivists that a sovereign
could limit its authority to act by consenting to an agreement according to the
principle pacta sunt servanda. This consensual view of international law was

reflected in the 1920 Statute of the Permanent Court of International Justice, and

was later preserved in Article 38(1) of the 1946 Statute of the International

. . On the question of preference between sources of international law, rules established by. 

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On the question of preference between sources of international law, rules established by

treaty will take preference if such an instrument exists. It is also argued however that

international treaties and international custom are sources of international law of equal

validity; this is that new custom may supersede older treaties and new treaties may
override older custom. Also, jus cogens (peremptory norm) is a custom, not a treaty.
Certainly, judicial decisions and juristic writings are regarded as auxiliary sources of

international law, whereas it is unclear whether the general principles of law recognized by

'civilized nations' should be recognized as a principal or auxiliary source of international

law. Nevertheless, treaty, custom, and general principles of law are generally recognized as

. . Main article: Treaties. Treaties and conventions are the persuasive source of international law and. 

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Treaties and conventions are the persuasive source of international law and

are considered "hard law." Treaties can play the role of contracts between two

or more parties, such as an extradition treaty or a defense pact. Treaties can
also be legislation to regulate a particular aspect of international relations or

form the constitutions of international organizations. Whether or not all

treaties can be regarded as sources of law, they are sources of obligation for

the parties to them. Article 38(1)(a) of the ICJ Statute, which uses the term

"international conventions", concentrates upon treaties as a source of
contractual obligation but also acknowledges the possibility of a state

expressly accepting the obligations of a treaty to which it is not formally a

. . Main article: Customary international law. Article 38(1)(b) of the ICJ Statute refers to "international custom" as a source of
international law, specifically emphasizing the two requirements of state practice. 

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Main article: Customary international law

Article 38(1)(b) of the ICJ Statute refers to "international custom" as a source of
international law, specifically emphasizing the two requirements of state practice

plus acceptance of the practice as obligatory or opinio juris sive necessitatis (usually

. . When examining state practice to determine relevant rules of international. 

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When examining state practice to determine relevant rules of international

law, it is necessary to take into account every activity of the organs and
officials of states that relate to that purpose. There has been continuing
debate over where a distinction should be drawn as to the weight that

should be attributed to what states do, rather than what they say represents
the law. In its most extreme form, this would involve rejecting what states

say as practice and relegating it to the status of evidence of opinio juris.

. . It may be argued that the practice of international organizations, most notably that of. 

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It may be argued that the practice of international organizations, most notably that of

the United Nations, as it appears in the resolutions of the Security Council and the

General Assembly, are an additional source of international law, even though it is not
mentioned as such in Article 38(1) of the 1946 Statute of the International Court of
Justice. Article 38(1) is closely based on the corresponding provision of the 1920

Statute of the Permanent Court of International Justice, thus predating the role that
international organizations have come to play in the international plane. That is, the

provision of Article 38(1) may be regarded as 'dated, and this can most vividly be seen in

the mention made of 'civilized nations', a mentioning that appears all the more quaint
after the decolonization process that took place in the early 1960s and the participation

of nearly all nations of the world in the United Nations.

2. PRACTICE BY INTERNATIONAL ORGANIZATIONS

. . A wealth of state practice does not usually carry with it a. 

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A wealth of state practice does not usually carry with it a

presumption that opinio juris exists. “Not only must the acts
concerned amount to a settled practice, but they must also be

such, or be carried out in such a way, as to be evidence of a

belief that this practice is rendered obligatory by the

existence of a rule of law requiring it.”

. . A peremptory norm or jus cogens (Latin for "compelling law" or
"strong law") is a principle of international law considered so. 

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A peremptory norm or jus cogens (Latin for "compelling law" or
"strong law") is a principle of international law considered so

fundamental that it overrides all other sources of international law,

including even the Charter of the United Nations. The principle of
jus cogens is enshrined in Article 53 of the Vienna Convention on

. . The scope of general principles of law, to which Article 38(1) of the Statute of the ICJ. 

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The scope of general principles of law, to which Article 38(1) of the Statute of the ICJ

refers, is unclear and controversial but may include such legal principles that are common

to a large number of systems of municipal law. Given the limits of treaties or custom as

sources of international law, Article 38(1) may be looked upon as a directive to the Court to

fill any gap in the law and prevent a nonliquet by reference to the general principles.

In earlier stages of the development of international law, rules were frequently drawn from
municipal law. In the 19th century, legal positivists rejected the idea that international law
could come from any source that did not involve state will or consent but were prepared to
allow for the application of general principles of law, provided that they had in some way

been accepted by states as part of the legal order. Thus Article 38(1)(c), for example,
speaks of general principles "recognized" by states. An area that demonstrates the

adoption of municipal approaches is the law applied to the relationship between
international officials and their employing organizations,[25] although today the

principles are regarded as established international law.

. . According to Article 38(1)(d) of its Statute, the ICJ is also to apply
"judicial decisions and the teachings of the most highly qualified. 

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According to Article 38(1)(d) of its Statute, the ICJ is also to apply
"judicial decisions and the teachings of the most highly qualified

publicists of the various nations, as subsidiary means for the

determination of rules of law". It is difficult to tell what influence
these materials have on the development of the law. Pleadings in
cases before the ICJ are often replete with references to case law

. . The decisions of international and municipal courts and the. 

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The decisions of international and municipal courts and the

publications of academics can be referred to, not as a source of
law as such, but as a means of recognizing the law established
in other sources. In practice, the International Court of Justice
does not refer to domestic decisions although it does invoke its

. . Article 38(1)(d) of the International Court of Justice Statute states that. 

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Article 38(1)(d) of the International Court of Justice Statute states that

the 'teachings of the most highly qualified publicists of the various

nations' are also among the 'subsidiary means for the determination of

the rules of law'. The scholarly works of prominent jurists are not

sources of international law but are essential in developing the rules
that are sourced in treaties, custom and the general principles of law.
This is accepted practice in the interpretation of international law and

was utilized by the United States Supreme Court in The Paquete

Habana case (175 US (1900) 677 at 700-1).

Peach and Green Organic Shapes Meditation Workshop Webinar Keynote Presentation

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