Skip to main content Accessibility help
Internet Explorer 11 is being discontinued by Microsoft in August 2021. If you have difficulties viewing the site on Internet Explorer 11 we recommend using a different browser such as Microsoft Edge, Google Chrome, Apple Safari or Mozilla Firefox.

Update 22/08/2024: Due to technical disruption, we are experiencing some delays to publication. We are working to restore services and apologise for the inconvenience. For further updates please visit our website

Chapter 2: Sources of International Law

Chapter 2: Sources of International Law

pp. 15-34

Authors

Resources available Unlock the full potential of this textbook with additional resources. There are free resources and Instructor restricted resources available for this textbook. Explore resources
  • Add bookmark
  • Cite
  • Share

Summary

This chapter begins by explaining why international lawyers typically begin discussions about the sources of public international law by referencing Article 38 of the Statute of the International Court of Justice (ICJ). It then introduces treaties and custom, which are the two main sources of law in this field, before discussing other sources, namely general principles of law, decisions of international organizations, unilateral declarations, as well as judicial decisions and the teachings of international legal experts. The chapter ends with a discussion of non-binding instruments, which do not contain binding legal rules, but are nonetheless significant in the international legal field, as they contain norms that impact the behavior of states.

Keywords

  • treaty
  • custom
  • customary international law
  • general principles
  • non-binding
  • soft law
  • unilateral declarations
  • recommendations
  • opinio juris
  • state practice

About the book

Access options

Review the options below to login to check your access.

Purchase options

eTextbook
US$44.99
Hardback
US$110.00
Paperback
US$44.99

Have an access code?

To redeem an access code, please log in with your personal login.

If you believe you should have access to this content, please contact your institutional librarian or consult our FAQ page for further information about accessing our content.

Also available to purchase from these educational ebook suppliers