,LCP4801 Assignment 2 (COMPLETE ANSWERS)
Semester 1 2025 - DUE March 2025; 100%
TRUSTED Complete, trusted solutions and
explanations.
Question 1 Name the theory/principle/doctrine/concept that is
being referred to in each of the statements below: 1) One of the
most time-honoured principles of international law is that
which enjoins States to implement their international
obligations in good faith. (1) 2) This is the vehicle through which
customary rules become part of the municipal legal system. (1)
3) In many countries, and without more, treaties enjoy equal
status with municipal law. (1) 4) This doctrine does not apply in
international law, irrespective of the similarity between the
issues and dispute. (1) 5) “A collectivity of States established by
treaty, with a constitution and common organs, having a
personality distinct from that of its member-States, and being a
subject of international law with treaty-making capacity”. (1) [5]
Pacta sunt servanda (The principle that States must
implement their international obligations in good faith.)
Incorporation (The process through which customary
international law becomes part of the domestic legal system.)
Monist theory (This theory holds that treaties have equal
status with domestic law in certain countries.)
, Doctrine of non-intervention (This doctrine states that issues
and disputes that concern the internal affairs of a state are
outside the scope of international law intervention.)
International organization (A collectivity of States established
by treaty with distinct personality and treaty-making capacity.)
Question 2 ‘There is no hierarchy among the sources of
customary international law listed in Article 38(1) of the ICJ
Statute. It is, in fact, nothing but an exercise in futility to
attempt to justify a ranking of some sort among these sources.’
To what extent does this statement represent the true nature of
the provisions contained in Article 38(1) of the ICJ Statute? [10]
Question 2: Analysis of Hierarchy Among Sources of
Customary International Law in Article 38(1) of the ICJ Statute
Introduction: Article 38(1) of the Statute of the International
Court of Justice (ICJ) enumerates the sources of international
law, which include (a) international conventions, (b)
international custom, (c) general principles of law recognized by
civilized nations, and (d) judicial decisions and teachings of
highly qualified publicists. A critical examination of the claim
that there is no hierarchy among these sources reveals
important considerations regarding their application in
international law.
Semester 1 2025 - DUE March 2025; 100%
TRUSTED Complete, trusted solutions and
explanations.
Question 1 Name the theory/principle/doctrine/concept that is
being referred to in each of the statements below: 1) One of the
most time-honoured principles of international law is that
which enjoins States to implement their international
obligations in good faith. (1) 2) This is the vehicle through which
customary rules become part of the municipal legal system. (1)
3) In many countries, and without more, treaties enjoy equal
status with municipal law. (1) 4) This doctrine does not apply in
international law, irrespective of the similarity between the
issues and dispute. (1) 5) “A collectivity of States established by
treaty, with a constitution and common organs, having a
personality distinct from that of its member-States, and being a
subject of international law with treaty-making capacity”. (1) [5]
Pacta sunt servanda (The principle that States must
implement their international obligations in good faith.)
Incorporation (The process through which customary
international law becomes part of the domestic legal system.)
Monist theory (This theory holds that treaties have equal
status with domestic law in certain countries.)
, Doctrine of non-intervention (This doctrine states that issues
and disputes that concern the internal affairs of a state are
outside the scope of international law intervention.)
International organization (A collectivity of States established
by treaty with distinct personality and treaty-making capacity.)
Question 2 ‘There is no hierarchy among the sources of
customary international law listed in Article 38(1) of the ICJ
Statute. It is, in fact, nothing but an exercise in futility to
attempt to justify a ranking of some sort among these sources.’
To what extent does this statement represent the true nature of
the provisions contained in Article 38(1) of the ICJ Statute? [10]
Question 2: Analysis of Hierarchy Among Sources of
Customary International Law in Article 38(1) of the ICJ Statute
Introduction: Article 38(1) of the Statute of the International
Court of Justice (ICJ) enumerates the sources of international
law, which include (a) international conventions, (b)
international custom, (c) general principles of law recognized by
civilized nations, and (d) judicial decisions and teachings of
highly qualified publicists. A critical examination of the claim
that there is no hierarchy among these sources reveals
important considerations regarding their application in
international law.
