Legal English – werkzitting 4
Below are concise, structured answers to each question, based on the listed materials. I refer
explicitly to Article 38 of the ICJ Statute, the Vienna Convention on the Law of Treaties
(VCLT), Judge Greenwood’s lecture, and the North Sea Continental Shelf Cases (1969)
where relevant.
1. What are the sources of international law?
According to Article 38(1) of the Statute of the International Court of Justice, the main
sources of international law are:
1. International treaties (conventions)
Written agreements between states governed by international law. Treaties create
binding legal obligations for the parties that consent to be bound.
2. International custom (customary international law) defining with these elements
Law derived from the general and consistent practice of states followed out of a sense
of legal obligation (opinio juris).
3. General principles of law recognized by civilized nations
Fundamental legal principles common to major domestic legal systems (e.g. good
faith, equity, responsibility).
4. Judicial decisions and teachings of the most highly qualified publicists (subsidiary
means)
These are not sources in themselves but help determine and interpret existing law.
2. How can states express their consent to be bound by a
treaty?
Under the Vienna Convention on the Law of Treaties (Articles 11–17), states may express
consent by:
Signature (when the treaty provides that signature alone is sufficient) = agreement of
the text,
Ratification = used the most express willingness to bring it to further process,
approvel of everyone
Acceptance or approval
Accession (for states that did not participate in the original negotiation)
Exchange of instruments
The method depends on what the treaty itself specifies.
Below are concise, structured answers to each question, based on the listed materials. I refer
explicitly to Article 38 of the ICJ Statute, the Vienna Convention on the Law of Treaties
(VCLT), Judge Greenwood’s lecture, and the North Sea Continental Shelf Cases (1969)
where relevant.
1. What are the sources of international law?
According to Article 38(1) of the Statute of the International Court of Justice, the main
sources of international law are:
1. International treaties (conventions)
Written agreements between states governed by international law. Treaties create
binding legal obligations for the parties that consent to be bound.
2. International custom (customary international law) defining with these elements
Law derived from the general and consistent practice of states followed out of a sense
of legal obligation (opinio juris).
3. General principles of law recognized by civilized nations
Fundamental legal principles common to major domestic legal systems (e.g. good
faith, equity, responsibility).
4. Judicial decisions and teachings of the most highly qualified publicists (subsidiary
means)
These are not sources in themselves but help determine and interpret existing law.
2. How can states express their consent to be bound by a
treaty?
Under the Vienna Convention on the Law of Treaties (Articles 11–17), states may express
consent by:
Signature (when the treaty provides that signature alone is sufficient) = agreement of
the text,
Ratification = used the most express willingness to bring it to further process,
approvel of everyone
Acceptance or approval
Accession (for states that did not participate in the original negotiation)
Exchange of instruments
The method depends on what the treaty itself specifies.
