LCP4801 ASSIGNMENT 2 SEMESTER 1 FOR
2024-INTERNATIONAL LAW. 90% AND ABOVE.
DISTINCTION GUARANTEED. QUALITY WORK
WITH FOOTNOTES AND BIBLIOGRAPHY.
QUESTION 1
Article 38(1) of the Statute of the International Court of Justice (ICJ) provides for various
sources of international law, including treaties, customary international law, general
principles of law recognized by civilized nations, judicial decisions, and the teachings of
the most highly qualified publicists. 1 The statement in question challenges the notion
that there exists a hierarchical order among these sources.
To evaluate the accuracy of this statement, one must consider the text of Article 38(1)
itself and relevant interpretations by legal scholars and international tribunals. Article
38(1) lists these sources without indicating any explicit hierarchy among them. 2
However, this absence of hierarchy does not necessarily mean that all sources are
equal in weight or authority.
Customary international law, for instance, is often regarded as having a special
significance due to its widespread acceptance and practice among states over time.
Treaties, on the other hand, are voluntary agreements entered into by states and are
binding only on those states that are parties to them. While judicial decisions and
teachings of publicists may offer guidance, they are not inherently binding in the same
way as treaties and customary international law.3
Therefore, while Article 38(1) does not explicitly establish a hierarchy among its
enumerated sources, it does not mean that all sources are of equal importance or
authority.4 The statement highlights a legitimate debate within international law
1
Statute of the International Court of Justice,1946.
2
Article 38(1) of the Statute of the International Court of Justice.
3
Strydom H, International law (Oxford University Press 2016).
4
Article 38(1) of the Statute of the International Court of Justice.
2024-INTERNATIONAL LAW. 90% AND ABOVE.
DISTINCTION GUARANTEED. QUALITY WORK
WITH FOOTNOTES AND BIBLIOGRAPHY.
QUESTION 1
Article 38(1) of the Statute of the International Court of Justice (ICJ) provides for various
sources of international law, including treaties, customary international law, general
principles of law recognized by civilized nations, judicial decisions, and the teachings of
the most highly qualified publicists. 1 The statement in question challenges the notion
that there exists a hierarchical order among these sources.
To evaluate the accuracy of this statement, one must consider the text of Article 38(1)
itself and relevant interpretations by legal scholars and international tribunals. Article
38(1) lists these sources without indicating any explicit hierarchy among them. 2
However, this absence of hierarchy does not necessarily mean that all sources are
equal in weight or authority.
Customary international law, for instance, is often regarded as having a special
significance due to its widespread acceptance and practice among states over time.
Treaties, on the other hand, are voluntary agreements entered into by states and are
binding only on those states that are parties to them. While judicial decisions and
teachings of publicists may offer guidance, they are not inherently binding in the same
way as treaties and customary international law.3
Therefore, while Article 38(1) does not explicitly establish a hierarchy among its
enumerated sources, it does not mean that all sources are of equal importance or
authority.4 The statement highlights a legitimate debate within international law
1
Statute of the International Court of Justice,1946.
2
Article 38(1) of the Statute of the International Court of Justice.
3
Strydom H, International law (Oxford University Press 2016).
4
Article 38(1) of the Statute of the International Court of Justice.
