Sources of International Law
International law governs the conduct of nations and other international actors. Its sources define the rules and principles that bind states and guide international cooperation, peace, and justice.
Treaties and Conventions
Treaties are written agreements between states that are legally binding. Once signed and ratified, they function like contracts. Examples include the Geneva Conventions and the United Nations Charter.
Treaties may be bilateral (between two states) or multilateral (involving multiple states). They create specific obligations and are considered the most concrete source of international law.
Customary International Law
Customary law evolves from the consistent and general practice of states followed out of a sense of legal duty (opinio juris). It is unwritten but universally respected.
A key example is the prohibition against genocide, recognized even in the absence of a treaty.
3. General Principles of Law
These are legal principles common to major legal systems worldwide. They fill gaps where treaties or customs do not provide a clear answer.
For instance, principles like equity, good faith, and due process are universally acknowledged and help in interpreting legal obligations.
4. Judicial Decisions and Juristic Writings
While not primary sources, decisions of international courts and writings of renowned legal scholars serve as subsidiary means for interpreting the law.
The International Court of Justice (ICJ) often relies on past judgments and scholarly works when delivering verdicts.
5. Resolutions and Declarations
Though not binding, UN General Assembly resolutions and international declarations often guide state behavior and can contribute to the formation of customary law over time.
