This chapter begins with a discussion of the importance of the sources of international law. It then discusses the Statute of the International Court of Justice 1945; treaties; customary international law; general principles of law; judicial decisions and the writings of publicists; resolutions of international organisations; soft law.Finally, it looks at whether there exists a hierarchy of international law sources.
Chapter
2. Sources of International Law
Chapter
2. Sources of International Law
This chapter begins with a discussion of the importance of the sources of international law. It then discusses the Statute of the International Court of Justice 1945; treaties; customary international law; general principles of law; judicial decisions and the writings of publicists; resolutions of international organisations; and soft law. Finally, it looks at whether there exists a hierarchy of international law sources.
Chapter
12. The peaceful settlement of disputes
This chapter discusses some of the more relevant methods for peaceful dispute settlement. It begins by introducing a number of non-adjudicatory settlement mechanisms and providing a brief overview of the role played by the UN. It then discusses the adjudicatory means of settling disputes, including international arbitration; the competences and powers of the International Court of Justice; issues of access to the Court and the Court’s jurisdiction in contentious cases; the power of the Court to issue provisional measures; the effects of the Court’s decisions; the relationship between the Court and the UN Security Council; and the Court’s competence to issue advisory opinions.
Chapter
12. The peaceful settlement of disputes
This chapter discusses some of the more relevant methods for peaceful dispute settlement. It begins by introducing a number of non-adjudicatory settlement mechanisms and providing a brief overview of the role played by the UN. It then discusses the adjudicatory means of settling disputes, including international arbitration; the competences and powers of the International Court of Justice; issues of access to the Court and the Court’s jurisdiction in contentious cases; the power of the Court to issue provisional measures; the effects of the Court’s decisions; the relationship between the Court and the UN Security Council; and the Court’s competence to issue advisory opinions.
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16. Peaceful Settlement of International Disputes
An international legal order must have rules in regard to the settlement of disputes. These rules are particularly necessary in an international community where States are not equal in terms of diplomatic power, access to weapons or access to resources, and where there is the potential for massive harm to people and to territory. This chapter discusses the general obligation on States; non-judicial settlement procedures; arbitration; specific international tribunals; the International Court of Justice and its interaction with the Security Council.
Chapter
10. Peaceful Settlement of International Disputes
An international legal order must have rules in regard to the settlement of disputes. These rules are particularly necessary in an international community where all States are not equal in terms of diplomatic power, access to weapons or access to resources, and where there is the potential for massive harm to people and to territory by States. This chapter discusses the general international legal obligations on States to settle disputes; non-judicial settlement procedures; arbitration; specific international tribunals; and the International Court of Justice and its interaction with the Security Council.
Chapter
10. Peaceful settlement of disputes
This chapter examines the means and methods relating to the peaceful settlement of international disputes. The UN Charter obliges States to resolve their disputes peacefully and suggests certain means for such settlement: on the one hand, diplomatic means, like negotiation, mediation, conciliation, or the ‘good offices’ of the UN Secretary General and, on the other, legal methods, such as arbitration and recourse to the International Court of Justice (ICJ), which are binding. The ICJ exercises its jurisdiction over contentious cases only upon the consent of the parties to the dispute, which may be expressed through various forms (eg compromis or optional clause declaration). The ICJ may also render advisory opinions to questions of international law posed by the UN General Assembly, the Security Council, or other competent organs and organizations. The chapter also explains dispute settlement in the context of international investor–State arbitration and in the World Trade Organization.
Chapter
2. Sources of international law
This chapter provides an overview of the legal sources in international law. Sources of law determine the rules of legal society and, like national legal societies, the international legal society has its own set of rules. The discussion begins in Section 2.2 with article 38 of the International Court of Justice Statute. Section 2.3 discusses treaties, Section 2.4 covers customary international law, and Section 2.5 turns to general principles of international law. Attention then turns to the two additional sources listed in article 38. Section 2.6 discusses judicial decisions and Section 2.7 examines academic contributions. Section 2.8 discusses the role played by unilateral statements. The chapter then turns to the issue of a hierarchy of sources in Section 2.9 and concludes in Section 2.10 with a discussion of non-binding instruments and so-called ‘soft law’.
Chapter
2. The sources of international law
This chapter discusses the sources of international law, as reflected in Article 38 of the Statute of the International Court of Justice, and covers international custom, treaties, general principles of law, and judicial decisions. It also describes other material sources: the conclusions of international conferences, resolutions of the UN General Assembly, the writings of publicists, and codification and the work of the International Law Commission, concluding with other considerations applicable in judicial reasoning.
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32. Third party settlement of international disputes
This chapter discusses the third party settlement of international disputes. It covers arbitration and the origins of international dispute settlement; the idea of judicial settlement of international disputes; the International Court of Justice, interstate arbitration, dispute settlement under UNCLOS, the WTO dispute settlement body, and international investment tribunals.
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4. Sources
Christine Chinkin
This chapter discusses the sources of international human rights law set out in Article 38(1) of the Statute of the International Court of Justice: treaties, custom, general principles of law, and, as subsidiary means for determining the law, judicial decisions and the teachings of publicists. It then considers the role of ‘soft law’ instruments, such as resolutions of the UN General Assembly and the work of human rights expert bodies.
Chapter
2. Sources of international law
This chapter provides an overview of the legal sources in international law. Sources of law determine the rules of legal society and, like national legal societies, the international legal society has its own set of rules. The discussion begins in Section 2.2 with article 38 of the International Court of Justice Statute. Section 2.3 discusses treaties, Section 2.4 covers customary international law, and Section 2.5 turns to general principles of international law. Attention then turns to the two additional sources listed in article 38. Section 2.6 discusses judicial decisions and Section 2.7 examines academic contributions. Section 2.8 discusses the role played by unilateral statements. The chapter then turns to the issue of a hierarchy of sources in Section 2.9 and concludes in Section 2.10 with a discussion of non-binding instruments and so-called ‘soft law’.
Chapter
19. United Nations
Jane Connors and Sangeeta Shah
This chapter examines the work of the United Nations in the field of human rights. Particular attention is given to the Human Rights Council and its special procedures, as well as the treaty bodies that consider progress in the implementation of UN human rights treaties. In addition, the roles of the Office of the High Commissioner for Human Rights, the General Assembly, Security Council, Secretary-General, and International Court of Justice are considered.