Sources Of International Law

ourcSOURCES OF planetary LAW: A RE-EVALUATION By ABDUL GHAFUR HAMID @ KHIN MAUNG SEIN Associate professor Ahmad Ibrahim Kulliyyah of Laws world-wide Islamic University Malaysia IIUM Law Journal Vol. 11, No. 2 (2003) 203-240 2 SOURCES OF INTERNATIONAL LAW: A RE-EVALUATION ABDUL GHAFUR HAMID @ KHIN MAUNG SEIN 1 ABSTRACT The changes in international fraternity since 1945 have led to fundamental disputes on the sources of international impartiality and it must be admitted that they have baffle an area of considerable4 notional controversy. In particular, the cardinal traditional sources, usance and conformity, are like a shot often demanding to distinguish intelligibly. The present paper attempts to clearly identify the interaction amid the two main sources, that is to opine customsary police and treaty fairness, and clarify the controversy relating to the pecking position among the sources of international lawfulness. The generator finds that cus tom and treaties are still the uncomplicated sources of international law and that in that location is no hierarchy between them: they are of equal status. In recent years, however, a tonic category of international linguistic rules, jus cogens, has light into being, which is hierarchic onlyy superior to all the early(a) rules of international law.

The writer suggests that between treaty law and usual law, the practice is that if in that respect is a treaty cover version the two parties to a dispute, the Court will, first of all, look at the treaty, which is a jus scriptum. til now in such a situation, however, we cannot say that customary law is entirely ir germane(predicate). Th e Court in approximately cases applies som! e(prenominal) treaty law and customary law simultaneously so that it can deal with all the legal issues snarled in the dispute. If there is no treaty binding the two parties to a dispute, then the Court has to rely exclusively on customary international law for the determination of the dispute. If no relevant rule can be found in treaty law and custom, then the court may apply the ecumenic principles of law. The other sources...If you want to get a full essay, order it on our website: OrderEssay.net

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