DUE TODAY ANSWERS LCP4801 (International Law) Assignment 2 Answers (DUE 16TH APRIL 2024) | Footnotes and bibliography included.
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Course
LCP4801 Assignment 2 Answers 2024 (LCP4801)
Institution
University Of South Africa (Unisa)
Book
International Law
JUST LOADED ANSWERS LCP4801 (International Law) Assignment 2 Semester 1 2024 (DUE 16TH APRIL 2024) | Footnotes and bibliography included. These answers are accurate, researched with the Citations to support the information provided. Assignments and extras included to ensure you pass with a DISTINCT...
‘There is no hierarchy among the sources of customary international law listed
in Article 38(1) of the ICJ Statute. It is, in fact, nothing but an exercise in futility
to attempt to justify a ranking of some sort among these sources.’ To what
extent does this statement represent the true nature of the provisions
contained in Article 38(1) of the ICJ Statute?
Article 38(1) of the Statute of the International Court of Justice.Article1 of the
International Court of Justice (ICJ) Statute, the listed sources of international law do
not inherently possess a hierarchical structure. This provision outlines the materials
and methods the ICJ is to utilize in resolving disputes, which include:
1. International conventions that establish rules acknowledged by the states
involved in a dispute.
2. International custom, evidenced by a general practice accepted as law.
3. General principles of law recognized by civilized nations.
4. Judicial decisions and the teachings of highly qualified scholars in the field,
which serve as supplementary means for determining legal rules.
While the designation of judicial decisions and scholarly teachings as "subsidiary
means for the determination of rules of law" might imply a secondary status relative
to treaties and customs, it doesn't firmly establish a hierarchy among these sources.
Instead, the emphasis on their subsidiary role suggests that treaties, customs, and
general principles of law generally take precedence in the adjudication process.
However, the absence of a clear hierarchy among these primary sources implies that
the Court has discretion in applying them based on the specifics of each case, thus
reflecting the statement's perspective that attempting to impose a strict ranking
would be unproductive. The primary sources, therefore, include treaties, customary
international law, and general principles of law, with judicial decisions and scholarly
teachings providing additional guidance.
1 Article 38(1) of the Statute of the International Court of Justice.Article
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