p. 1819. Law-Making Processes
- Paola Gaeta, Paola GaetaProfessor of International Law, The Graduate Institute, Geneva
- Jorge E. ViñualesJorge E. ViñualesHarold Samuel Professor of Law and Environmental Policy, University of Cambridge
- , and Salvatore ZappalàSalvatore ZappalàProfessor of International Law, University of Catania
Abstract
Custom and treaties constitute the two most important formal sources of international law, that are also envisaged in Article 38 of the ICJ Statute. In addition, Article 38 refers to general principles of law recognized in domestic systems. This chapter examines these three formal sources of international law as well as some others, in particular unilateral acts of States and binding decisions of international organizations. In addition, it discusses equity and soft law and examines some mechanisms of identification and development of international law, such as jurisprudence, doctrine, and codification.
