Source of Intl Law - SOURCES OF INTERNATIONAL LAW Article...

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SOURCES OF INTERNATIONAL LAW Article 38 (1) of ICJ Statute: (a) international conventions /treaties (b) international custom , as evidence of general practice accepted as law (c) general principles of law recognized by civilized nations (d) subject to Art. 59, judicial decisions and teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law. --------------------------------------------------------------------------------------------------------------------- TREATIES- Article 38 (1) (a) of ICJ Statute- "international conventions" - Law of treaties codified in 1969 Vienna Convention on the Law of Treaties (entered force 1980) - Gabcikovo- Nagymaros Project (1997)- ICJ- VCLT's provisions declaratory of customary international law and therefore, applies to all treaties, including treaties before 1980 and non-party states. -Treaty = OPT-IN = must be intention to create binding legal relations (as opposed to soft law) -VCLT; 1-2--Only treaties between states and in written form .(oral agreements may be binding) -Treaties are binding on the parties ( pacta sunt servanda- Art. 26) -Irrespective of a party's internal law (VCLT Article 27) -No obligations created for third party states (VCLT Article 34) UNLESS accession or codifying/chrystallizing custom. -Full powers
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This note was uploaded on 09/04/2010 for the course GOVT 380 taught by Professor Tannenwald,n during the Spring '07 term at Cornell University (Engineering School).

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Source of Intl Law - SOURCES OF INTERNATIONAL LAW Article...

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