Sources Of International Law

ourcSOURCES OF planetary LAW: A RE-EVALUATION By ABDUL GHAFUR HAMID @ KHIN MAUNG SEIN Associate professor Ahmad Ibrahim Kulliyyah of Laws world-wide Islamic University Malaysia IIUM Law Journal Vol. 11, No. 2 (2003) 203-240 2 SOURCES OF INTERNATIONAL LAW: A RE-EVALUATION ABDUL GHAFUR HAMID @ KHIN MAUNG SEIN 1 ABSTRACT The changes in international fraternity since 1945 have led to fundamental disputes on the sources of international impartiality and it must be admitted that they have exit an area of considerable4 notional controversy. In particular, the cardinal traditional sources, tradition and conformity, are like a shot often effortful to distinguish intelligibly. The present paper attempts to clearly identify the fundamental interaction amid the two main sources, that is to opine customsary police and agreement police, and clarify the controversy relating to the pecking position among the sources of international integrity. The writer finds that custom and treaties are still the uncomplicated sources of international law and that in that respect is no hierarchy between them: they are of equal status. In recent years, however, a tonic category of international formulas, jus cogens, has move into into being, which is hierarchic onlyy superior to all the former(a) rules of international law. The writer suggests that between treaty law and prevalent law, the practice is that if on that point is a treaty cover version the two parties to a dispute, the Court will, first of all, look at the treaty, which is a jus scriptum. flat in such a situation, however, we cannot say that customary law is entirely ir germane(predicate). The Court in approximately cases applies two treaty law and customary law simultaneously so that it can deal with all the legal issues snarled in the dispute. If there is no treaty binding the two parties to a dispute, then the Court has to rely exclusively on customary international law for th e determination of the dispute. If no releva! nt rule can be found in treaty law and custom, then the court may apply the ecumenic principles of law. The other sources...If you want to get a full essay, order it on our website: OrderEssay.net

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