Lcp4801 assignment 2 detailed answers semester 1 2025 distinction guaranteed

Lcp4801 assignment 2 detailed answers se mester 1 2025 distinction guaranteed distin ction guaranteed Question 1 ‘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) The statement suggests that there is no hierarchy among the sources of customary international law listed in Article 38(1) of the International Court of Justice (ICJ) Statute. However, the accuracy of this assertion is subject to debate among legal scholars and practitioners. Article 38(1) of the ICJ Statute outlines the sources of international law that the Court shall apply. These sources are: 1. International conventions, whether general or particular, establishing rules expressly recognized by the contesting states. 2. International custom, as evidence of a general practice accepted as law. 3. The general principles of law recognized by civilized nations. 4. Judicial decisions and the teachings of the most highly qualified publicists of various nations as subsidiary means for the determination of rules of law. While the provision does not explicitly establish a hierarchy among these sources, some argue that certain sources may carry more weight or have greater authority in specific situations. For example, treaties may prevail over customary law in case of a conflict. Additionally, the practice of states and opinio juris, the belief that a certain practice is legally required, are essential elements for the formation of customary international law. In practice, the International Court of Justice and other international tribunals often consider these sources in a holistic manner, weighing the specific circumstances of each case. Thus, asserting that it is an "exercise in futility" to attempt to justify a ranking Page 2 of 6 among these sources may oversimplify the complex nature of international law and the way in which these sources interact. In conclusion, while Article 38(1) of the ICJ Statute does not explicitly establish a hierarchy, the relative importance of each source can vary depending on the circumstances. The statement captures the idea that these sources are interrelated, and their application depends on the specific facts and legal arguments presented in a given case. Article 38(1) of the Statute of the International Court of Justice (ICJ) outlines the sources of international law that the court may refer to when making decisions. These sources are: 1. International conventions (treaties) whether gener