One liner notes on Public International Law: Part 14

 

Vande Matram!

These are some one liner notes on Public International Law. Read them carefully and note them for your knowledge.

One liner notes on Public International Law: Part 14

·        According to Hall and Lawrence, International Law is derived from custom and precedents which are a source of law and it is habitually treated like a certain kind of positive law.

·        Sir Frederick Pollock observed that for International Law to be binding upon the members, the only essential conditions are the existence of a political community and the recognition by its members of settled rules binding upon them in that capacity and International Law wholly satisfies these conditions.

·        According to Lawrence, if we take the source of law which has all the authority required to give it binding force, then in respect of International Law there is one source of law and that is the consent of Nations that may be either tacit (custom) or express (treaties).

·        Primary Sources of International Law include Treaties, Customs and principle of Law.

·        Article 38(1)(a-c) of the ICJ statute is widely recognised as the backbone of the formal source of International Law.

·        Article 38 of the Statute of the International Court of Justice in The Hague has been treated as a convenient catalogue of international legal sources.

·        Article 38(1)(a-c) of the ICJ was adopted by the same provision of the statute of the Permanent Court of International Justice which operated under the auspices/support of the League of Nations in 1920.

·        The original and the oldest source of Law is known as Custom.

·        The rules of customary International Law involved a long historical process which gained recognition by the entire community.

·        A rule of customary law is said to have two elements: first, there must be widespread and consistent State practice; and secondly, there has to be “opinio Juris”.

·        Opinio Juris a Latin term which means a legal obligation to believe in the existence of such law.

 

Thanks for reading till the end. Thanks for reading till the end. Please share this article with all law aspirants, students and professionals.

Read More

============

#PublicInternationalLaw #OneLinerNotes #StudyMaterial #ExamPreparation #Sources #ICJStatute  

 

#BharatMataKiJay