Public international law

by | Aug 25, 2021 | Assignment Help

Prepare and submit a paper on public international law. Article 38(1) of the ICJ Statute specifies the sources of international law and states that international law has its origin from international custom, international conventions or treaties, and general principles of law. Customary international law is defined as a general practice of law under Article 38(1) (b). The criticism against customary international law is its subjective nature and its unpredictability. States vary greatly in their opinions and understandings of issues regarding international law. Thus, it is almost impossible to find enough consistency among states to draw a customary international rule from general practice. Conventional international law includes international agreements and legislative treaties that establish rules specifically recognized by consenting states. Only states that are parties to a treaty are bound by it. The most important treaties in this regard are the Genocide Convention, the Vienna conventions, and the provisions of the U.N. Charter (, 2006).As Rosalyn Higgins stated, international law is a normative system “harnessed to the achievement of common values – values that speak to us all, whether we are rich or poor, black or white, of any religion or none, or come from countries that are industrialized or developing”. The requirement for international law arises from the need to ensure a process that regulates challenging demands and establishes the framework for expected and agreed on social behavior. Public international law controls the relationship between states and international bodies (Wikipedia, IL, 2006).The United Nations was founded in 1945 by 51 states and it is an international organization of governments facilitating co-operation in international law, international security, economic development, and social justice.

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