MEETING 4 – THE SOURCES OF INTERNATIONAL LAW
1. What are the sources of international law?
The sources of international law are treaties, customary international law, general
principles of law, and subsidiary means such as judicial decisions and scholarly writings. ¹
Kennen en kunnen uitleggen wat ze zijn en of ze ergens geschreven staan en wat je nog hebt
om ze te laten bestaan (what do we need for…?) Zie ook OG1
2. How can states express their consent to be bound by a treaty?
States may express consent through signature, ratification (needed bc a signature is
nowadays not enough), acceptance, approval, or accession. ²
Weten wat alles betekend en hoe het werkt.
3. What is a reservation?
A reservation is a unilateral statement intended to exclude or modify the legal effect of
certain treaty provisions. ³
4. When does a treaty enter into force?
A treaty enters into force on the date and in the manner specified in the treaty itself. ⁴
When they can rely on the legal defence.
5. Explain the principle of pacta sunt servanda.
The principle means that treaties must be performed in good faith. ⁵
6. What is customary law?
Customary law arises from general state practice accepted as law (opinio juris). ⁶
7. What were Denmark and the Netherlands claiming?
They claimed the equidistance principle was customary international law and binding on
Germany. ⁷ The states thought this was a rule of customary law. The court said it was not,
because it was not widely practiced and no opinion juris.
Equidistance= equal distance.
1. What are the sources of international law?
The sources of international law are treaties, customary international law, general
principles of law, and subsidiary means such as judicial decisions and scholarly writings. ¹
Kennen en kunnen uitleggen wat ze zijn en of ze ergens geschreven staan en wat je nog hebt
om ze te laten bestaan (what do we need for…?) Zie ook OG1
2. How can states express their consent to be bound by a treaty?
States may express consent through signature, ratification (needed bc a signature is
nowadays not enough), acceptance, approval, or accession. ²
Weten wat alles betekend en hoe het werkt.
3. What is a reservation?
A reservation is a unilateral statement intended to exclude or modify the legal effect of
certain treaty provisions. ³
4. When does a treaty enter into force?
A treaty enters into force on the date and in the manner specified in the treaty itself. ⁴
When they can rely on the legal defence.
5. Explain the principle of pacta sunt servanda.
The principle means that treaties must be performed in good faith. ⁵
6. What is customary law?
Customary law arises from general state practice accepted as law (opinio juris). ⁶
7. What were Denmark and the Netherlands claiming?
They claimed the equidistance principle was customary international law and binding on
Germany. ⁷ The states thought this was a rule of customary law. The court said it was not,
because it was not widely practiced and no opinion juris.
Equidistance= equal distance.
