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]
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 3
‘“The general principles of law recognized by civilized nations” means general principles of international
law.’ Critically examine this statement. [15]
Question 4
With reference to appropriate authority, including relevant case law, critically discuss the statement that
follows. Remember that your answer must be properly substantiated by way of footnotes referring in
precise detail to the sources relied on. A head of state signs a treaty on behalf of his or her country in
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Question 1