Practicing Success

Target Exam

CUET

Subject

Legal Studies

Chapter

International Context

Question:
How many sources of International Law have been listed in Article 38(1) of the Statute of International Court of Justice?
Options:
Four
Five
Six
Three
Correct Answer:
Four
Explanation:
A source of law within a domestic legal system is easier to determine. Within the domestic system it is considered as something which is not too difficult a process, where one may look at the various legislations or statutes provided for by the legislature and if there is a lacunae in the statute then decisions of the domestic courts. But, it is not so easy to pinpoint the sources of International law. Yet, the most authoritative source of international law is Article 38(1) of the Statute of the International Court of Justice, which provides that when a court which deals with disputes relating to international law, it shall apply :
"International conventions, whether general or particular, establishing rules expressly recognized by the contesting states,
International custom, as evidence of general practice accepted by law
The general principles of law recognized by civilized nations
Subject to provisions of Article 59, judicial decisions and teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of international law”