Sociology | Mercantile Law | International Law | International Relations

Hackworth said, “International Law consists of body of rules governing the relations between the states. It is a system of jurisprudence which for the most part has evolved out of the experiences and the necessities of situations that have arisen from time to time.”

Principle categories for sources of international law
Sources of International Law fall into two basic categories; one is ‘Formal’ and the other is ‘Material’ source. The former is one carrying the methods and legal procedures for creation of rules whereas the latter provides the evidence for material existence of those rules. Starke defined material sources; “The actual material from which an international lawyer determines the rule applicable to a given situation.”

Statute of International Court of Justice
The statute of International Court of Justice points out the sources if International Law in its article#38; “The Court, whose function is to decide in accordance with international law such disputes as are submitted to it, shall apply;
A. International conventions, whether general or particular, establishing rules expressly recognized by the contesting states;
B. International custom, as evidence of a general practice accepted as law;
C. The general principles of law recognized by civilized nations;
D. Judicial decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law.”

Material sources of International Law
A list colored with the material sources of international law is given as;

• Customs
• Treaties
• General Principles of Law recognized by Civilized States
• Decisions of Judicial & Arbitral Tribunals
• Juristic Works
• Decisions of the Organs of International Institutions