General principles of law (2) / secondary sources / hierarchy of sources / key exceptions where hierarchy exists S6

Question 1

Explain how widley a general principle of law must be accepted by national legal systems

Answer 1

No strict standard exists for how widely accepted a general principle of law must be accepted by national legal systems

Question 2

Name sources of secondary international law

Answer 2

Sources of secondary international law:
1) Judicial decisions (= ICJ’s decisions) (Article 38(1)(d) of the ICJ Statute)

2) Writings of legal scholars (Article 38(1) of the ICJ Statute)

Question 3

Name and explain characteristics of judicial decisions (= ICJ’s decisions)

Answer 3

Characteristics judicial decisions:
1) Secondary source of international law

2) Only binding on the parties to the case

3) Influential in interpreting international law and guiding future cases

4) ICJ aims for consistency by referring to judicial decisisons, though it’s not formally bound by them

Question 4

Name and explain characteristics of writings of legal scholars

Answer 4

Characteristics of writings of legal scholars:
1) Scholarly writings have limited authority but still influence legal thinking

2) Considered as the least authoritative source of international law

Question 5

Explain if there is a hierarchy of sources of international law

Answer 5

No, international law lacks a strict hierarchy like national legal systems. Priority depends on context

Question 6

Name exceptions where hierarchy exists with regarding to the sources of international law

Answer 6

Exceptions:
1) Jus cogens norms (peremptory norms)

2) Erga omnes obligations

3) UN Charter obligations (Article 103)

Question 7

Name and explain characteristics of jus cogens norms (peremptory norms)

Answer 7

Characteristics jus cogens norms (peremptory norms):
1) Highest level of international law

2) Cannot be violated/overriden by any treaty/agreement

3) Cited in Article 53 of the Vienna Convention

4) Recognized by the ICJ in the Armed Activities case

Question 8

Name and explain characteristics of erga omnes obligations

Answer 8

Characteristics of erga omnes obligations
1) Duties owed to all states, not specific ones

2) Any state can raise a claim if violated, even if not directly harmed

3) Includes norms like the prohibition of genocide

4) Recognized in the Barcelona Traction case

Question 9

Name and explain the difference between jus cogens norms (peremptory norms) and erga omnes obligations

Answer 9

Difference:
1) Erga omnes obligations are duties that a state owes toward the international community as a whole

2) Peremptory norms (jus cogens) are fundamental, non-derogable rules of international law that no state can violate, even by agreement

Question 10

Name and explain characteristics of UN Charter obligations under Article 103

Answer 10

UN Charter obligations under Article 103
1) Such obligations take precedence over other treaties or international agreements

2) States must comply with UN Security Council resolutions

3) Such obligations cannot override jus cogens norms