The Doctrine Of International Law Essay

1187 Words Oct 31st, 2014 5 Pages
What is known as the doctrine of international law of sources refers that the two means in making international law the first being international agreements i.e. treaties and the second state practices accepted as law i.e. “Federal regulations, Federal court decisions, testimony and statements before Congressional and international bodies, diplomatic notes, correspondence, speeches, press conference statements, and even internal memoranda” (Janis 50). This was expanded upon by article 38 in the ICJ creating a hierarchy of the sources of international law and defining them in four different ways. These sources have become the standard that is universally accepted and applied in the world. The second of these sources is “international custom, as evidence of a general practice accepted as law” (DHMS 55). Romans defined customary law as “unwritten law consisting of rules approved by usage” (Janis 43), a general thought of law is that it is written and thus binding, yet customary law, not being written is both binding and one of the principle sources of international law.

Customary international law is able to be one of the principle sources of in international law for it is a cornerstone of society. As society has evolved “certain maxims and customs consecrated by long use, and observed by nations in their mutual intercourse with each other [has formed] a kind of law.” (Janis 44). So with this general practice of individual norms are created that are not binding but which…

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