Public International Law

The starting point for discussion and analysis of the sources of international law is almost invariably art 38 of the Statute of the International Court of Justice (‘ICJ Statute’), the International Court of Justice being the primary judicial organ of the United Nations. Article 38 lists the sources of international law as comprising treaties, custom, general principles of law, and – as subsidiary means for determining the law – judicial decisions and academic writing. However, in the 75 years since the adoption of the ICJ Statute, newer sources of legal obligation have emerged for the international community. These often involve non-state and intergovernmental actors in their creation. This chapter explores both the traditional and newer sources of international law and assesses how they are adopted and created.