Sources of International Law | Lecture for LLB Students

The topic is Sources of International Law. In this topic, we are going to see the sources of international law. Where did this law come from? How did it come? What are its sources? On what principles? On what rules does it work? So first of all, this is a short introduction. International law is a body of rules. It is a set of rules. These rules regulate the relationship between states. The sources of international law are defined in Article 38 of Statute of International Court of Justice. Let me give a short example. In Pakistan, there is PPC, CRPC, CPC. According to them, the courts decide. But for the International Court of Justice, a statute was made. A set of rules and regulations was made. In Article 38, the sources of international law are mentioned. The first source is International Customs. Customs is a practice of common people. People of a country have been practicing for thousands of years. It is called Customs. Customs is a long-term practice. Customs is essential. Customs is a practice of common people. People of a country have been practicing for thousands of years. It is called Customs. Customs is a practice of common people. When representatives of a state go to another state, they attend a convention. New rules are made. It is called International Conventions. International Customs is a practice of common people. International Conventions is a practice of representatives of a state. They have relations with other states. New rules and regulations are made. The third source is treaties. The agreements between different states are a source of international law. There are two types of treaties. One is a law-making treaty. The other is a contract treaty. A law-making treaty is a law. When there is a new treaty between two states, it becomes a law in the international field. This treaty has the status of a legislature in the international field. In Pakistan, parliament makes laws. This treaty plays the role of a legislature in the international field. This contract treaty makes rules and regulations for itself between two or more states. More than two states are bound by these rules and regulations. The fourth point is the general principles of law. These are the principles which are followed by every court in every country. The first principle is good faith. I have given examples of these three principles. There are many general principles. Good faith means that if a person goes to a court in a country and files a case, he will file a case with good faith. Rest Judicata is a principle of law. Rest Judicata means that if a decision is made and the case is closed, the case will not be reopened. This is a principle which is followed by every court in the world. There is a Latin maxim, which means that if there is a case, both parties will be heard. It will not be the case that if a person files a case against another person, the court will decide for him. It will not be like that. Both parties will be heard. These are general principles. This is also a source of international law. No. 5 is judicial decisions. When the International Court of Justice decides a dispute between states, it becomes a precedent. When an international court of justice decides between states, it also becomes an international law. No. 6 is the decision of organs of international institutions. This means that the member states of the United Nations are bound. The organs of the United Nations are the World Health Organization. This is an institution of the UNO. The International Monetary Fund is also an institution of the UNO. When the institutions of the UNO decide, the states that are members of the UNO will have to accept it. During the pandemic, the World Health Organization issued a lot of rules and regulations for the countries. For example, the World Health Organization has instructed every country to put a lockdown in their country. These decisions are also a source of international law. No. 7 is state papers. When a member of a department of the UNO makes a pact with a foreign country, a new rule is issued. This is also a source of international law. We have mentioned 7 sources of international law. 1. International customs, practice of common people. 2. International conventions. When representatives of a state go to another state, their rules and regulations are called international conventions. 3. Pacts between states. For example, the CPEC between Pakistan and China is a treaty. We have a synthesis agreement with India on water. There are two types of treaties. One is a lawmaking treaty and the other is a contractual treaty. The lawmaking treaty is a direct and indirect source of international law. 4. General principles which are accepted by every court in the world. I have only mentioned 3 principles, but there are many more principles which are accepted by every court in the world. 5. Judicial decisions i.e. decisions of the International Court of Justice. 6. Decisions of UNO institutions are also included in international law. 7. State papers i.e. foreign policy. When a representative of a state or a foreign minister goes abroad, the rules and regulations of the heads of different departments are also included in international law.