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Sunday, July 10, 2011

the Sources of International Law,the International Treaties

The sources of the International Law which we are going to discuses now are Six in number as follow:
1-International Treaties.
2-International Custom.
3-the General Principles of Law.
4-Judgicial Decisions.
5-Jursticworks.
6-Decisions of International Institutions.
we shall take each of these sources in turn as follow:
1-International Treaties
Treaties represent the most important material source of international law.That importance is increasing.the effect of any treaty in leading to the formating or rules of international law,depends on the nature of the treaty concerned,in this connection there is a useful distiniction between :
 (a)-law-making treaties,which lay down rules of universal or general application.
 (b)-treaty contracts,for example,a treaty between two or only a few States,dealing with a special matter concerning these States exclusively.
Law-Making Treaties
The provisions of a Law-Making treaty are directly a source of international law.this is not so with the treaty-contacts,which simply purport to lay down special obligations between the parties only.a Law-Making treaty cannot in the nature of things be one containing rules of international law always of universal application.we are forced to admit that Law-Making treaties may be of two kinds:
(a)-enunciating rules of universal international law and the United Nations Chartter.
(b)-laying down general or fairly general rules.
Treaty-Contracts
In contrast to Law-Making treaties, Treaty-Contrast are not directly a source of international law.they may,however,as between the parties or signatories thereto,constitute particular law,hence the use of the expression -particular-conventions in Article 38,paragraph 1,a,of the Statute of the International Court of Jurstice.such treaties lead also to the formation of international law through the operation of the priciples governing the development of customary rules.

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