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Sources of Public International Law - Coggle Diagram
Sources of Public International Law
Principles Governing Hierarchy of Sources
Lex Posterior Derogat Priori: Later laws override earlier ones.
Lex Specialis Derogat Legi Generali: Special laws take precedence over general ones.
Lex Posteriori Generalis Non Derogat Lege Priori Speciali: General laws do not override specific laws.
International Conventions (Treaties)
Process: Negotiation, Adoption, Authentication, Consent.
Examples: UN Charter, Geneva Conventions.
Classification: Bilateral, Multilateral, Formal, Informal, Treaty Laws, Treaty Contracts.
Definition: Written agreements between states governed by international law.
Role of the United Nations in Treaty Formation
Increase in treaty registrations since the UN’s establishment.
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Facilitation of multilateral treaties through UN platforms.
Vienna Convention on the Law of Treaties
Definition of Treaty: An international agreement in written form between states.
Application: Applies to treaties between states governed by public international law.
Reservation Concept: Unilateral statements to exclude or modify treaty provisions.
Cases for Reservation Rejection: Prohibited by the treaty, not permitted, contrary to treaty's object and purpose.
Primary Sources (From Article 38 of the ICJ Statute)
International Custom
Definition: General practices accepted as law due to a sense of legal obligation.
Key Elements: Consistent state practice, Opinio Juris.
Examples: Diplomatic immunity, maritime law.
General Principles of Law
Definition: Principles recognized by major legal systems.
Examples: Pacta sunt servanda (agreements must be kept), Lex specialis derogat legi generali (specific laws prevail over general laws).
International Conventions (Treaties)
Definition: Written agreements between states governed by international law.
Examples: UN Charter, Geneva Conventions.
Process: Negotiation, Adoption, Authentication, Consent.
Classification: Bilateral, Multilateral, Formal, Informal, Treaty Laws, Treaty Contracts.
Judicial Decisions and Scholarly Writings
Role: Supplementary means for determining rules of law.
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Sources: International Court of Justice decisions, works by respected international law scholars.
