Sources of International law
Public international law is interesting. There are no legislative bodies to make international laws and no judicial bodies to interpret and extend the law. This problem stems from the anarchic nature of the international system and the competing nature of sovereign states. To better understand we go back to the Westphalian principle of legal equality, no state is more powerful than the other hence anarchy and unavoidable competition. Goldstein (2005) in conjunction with Article 38 of the Statue of the International Court of Justice outlines the four sources of international law: treaties (conventions), custom, general principles of law (such as equity), and legal scholarship (including past judicial decisions). …..“Treaties and other written conventions signed by states are the most important source. International treaties now fill more than a thousand thick volumes, with tens of thousands of individual agreements. There is a principle in international law t...