Examples of sources of international law

📚 Quick Study Guide

• 📜 Treaties: International agreements concluded between States in written form and governed by international law. Think of them as contracts between countries.
• 🤝 Customary International Law: Results from a general and consistent practice of states followed by them from a sense of legal obligation (opinio juris). Two key elements: state practice and acceptance as law.
• 🏛️ General Principles of Law Recognized by Civilized Nations: Legal principles common to the major legal systems of the world (e.g., good faith, res judicata).
• ⚖️ Judicial Decisions and Teachings of the Most Highly Qualified Publicists: Subsidiary means for the determination of rules of law. These are not primary sources, but are used to interpret and apply the primary sources.
• 📢 Jus Cogens (Peremptory Norms): Fundamental principles of international law that are accepted and recognized by the international community of states as a whole as norms from which no derogation is permitted (e.g., prohibition of genocide, slavery).
• 🌍 Resolutions of International Organizations: While generally not binding, resolutions of organizations like the UN Security Council can be binding under certain circumstances (e.g., Chapter VII of the UN Charter).

Practice Quiz

1. Which of the following is a primary source of international law?
   1. A. Resolutions of the UN General Assembly
   2. B. Treaties
   3. C. Writings of legal scholars
   4. D. Decisions of national courts
2. What is required for a practice to become customary international law?
   1. A. Simple majority vote in the UN General Assembly
   2. B. Unanimous agreement among all states
   3. C. General and consistent state practice accepted as law (opinio juris)
   4. D. Ratification by a supermajority of states
3. Which of the following exemplifies a 'general principle of law recognized by civilized nations'?
   1. A. The principle of *stare decisis*
   2. B. The principle of *res judicata*
   3. C. The principle of double jeopardy as it applies in any specific nation
   4. D. The parliamentary rules for creating a treaty
4. Judicial decisions and the teachings of publicists are considered what type of source of international law?
   1. A. Primary source
   2. B. Secondary source
   3. C. Binding source
   4. D. Customary source
5. What is a *jus cogens* norm?
   1. A. A non-binding principle of international law
   2. B. A norm from which no derogation is permitted
   3. C. A law applicable only during times of war
   4. D. A principle applicable only to states with civil law systems
6. Which body's resolutions are sometimes considered binding under international law?
   1. A. UN General Assembly
   2. B. International Law Commission
   3. C. UN Security Council
   4. D. International Court of Justice
7. Which of the following is NOT typically considered a source of international law?
   1. A. Treaties
   2. B. Customary International Law
   3. C. National constitutions
   4. D. General Principles of Law