LCP4801
Assignment 1
Semester 2 2023
,QUESTION 1
1) The principle of Pacta Sunt Servanda
2) The doctrine of incorporation
3) The principle of Treaty Monism
4) The doctrine of res judicata
5) The concept of International Organizations or Supranational entities
QUESTION 2 (2 ANSWER PROVIDED)
Article 38(1) of the Statute of the International Court of Justice (ICJ)
identifies the sources of law applicable by the Court, i.e., international
conventions, international custom, and general principles of law
recognized by civilized nations. Additional sources include judicial
decisions and teachings of the most highly qualified publicists as
subsidiary means, and arbitration as a form of resolving international
disputes.
The statement that there is no hierarchy among these sources seems to
represent the general consensus in international legal scholarship. The
language in Article 38(1) itself does not ascribe any priority or hierarchy to
the enumerated sources. Each one is a valid and independent source of
law.
However, some scholars argue there is an implied or practical hierarchy
wherein certain sources may often take precedence over others due to the
substance, situation or type of dispute. For instance, specific treaty
obligations are generally prioritized over soft law and customs in specific
situations. Also, while judicial precedents are not binding, they often have
a significant influence on how certain issues are perceived and addressed.
It is important to note that not all sources listed in Article 38(1) are
equivalent in terms of evidentiary needs. For example, proving the
existence of customary international law often requires demonstrating not
only a consistent practice, but also a belief that this practice is legally
obligatory (opinio juris), which makes it harder to establish than
treaty obligations.
,.
Assignment 1
Semester 2 2023
,QUESTION 1
1) The principle of Pacta Sunt Servanda
2) The doctrine of incorporation
3) The principle of Treaty Monism
4) The doctrine of res judicata
5) The concept of International Organizations or Supranational entities
QUESTION 2 (2 ANSWER PROVIDED)
Article 38(1) of the Statute of the International Court of Justice (ICJ)
identifies the sources of law applicable by the Court, i.e., international
conventions, international custom, and general principles of law
recognized by civilized nations. Additional sources include judicial
decisions and teachings of the most highly qualified publicists as
subsidiary means, and arbitration as a form of resolving international
disputes.
The statement that there is no hierarchy among these sources seems to
represent the general consensus in international legal scholarship. The
language in Article 38(1) itself does not ascribe any priority or hierarchy to
the enumerated sources. Each one is a valid and independent source of
law.
However, some scholars argue there is an implied or practical hierarchy
wherein certain sources may often take precedence over others due to the
substance, situation or type of dispute. For instance, specific treaty
obligations are generally prioritized over soft law and customs in specific
situations. Also, while judicial precedents are not binding, they often have
a significant influence on how certain issues are perceived and addressed.
It is important to note that not all sources listed in Article 38(1) are
equivalent in terms of evidentiary needs. For example, proving the
existence of customary international law often requires demonstrating not
only a consistent practice, but also a belief that this practice is legally
obligatory (opinio juris), which makes it harder to establish than
treaty obligations.
,.
