This is one way in which, considered from the standpoint of the systems of law in force in the various countries and regions of the world, international law is different. While it is no longer possible, as historically it once was, to suggest that as a system it does not deserve the name of 'law', 6 the lawyer versed in one or more systems of domestic law may well be confused by the absence of certain familiar landmarks, and the presence of unusual features. The concept of 'sources of international law' is one of these, as is the very fact that international law, in its everyday application, appears to require such a concept, which does not normally need to be invoked in domestic (national) systems, though it is of course present there also. 7
79 For a severe criticism of 'the rigidity and narrow-mindedness of nineteenth-century positivism' in an international law context, see O'Connell, International Law , i. 75.
Gmail
The context makes clear that the 'other means' that Judge Shahabuddeen has in mind are the ICJ's own earlier decisions, which, in his view, are not always and necessarily limited to the role of 'subsidiary means' for the determination of rules of law. This theory will be considered in Chapter V, section 7(a) at this point we need only note that the more widely accepted view is that paragraph 6 of Article 88 lists exhaustively, if not the only existing sources of international law, at least the only sources available to the ICJ for purposes of decision.
Essay Writing Service
68 Article 88 is often referred to as having this significance see . the reference in UNCLOS (the United Nations Convention on the Law of the Sea): see n. 76.
99 A distinction is currently drawn between the status of 'active' subject of international law (potential 'créateur de normes'), and 'passive' subject ('titulaire de droits') it is generally recognized that the individual does at least have the latter status.
A number of subsystems will be studied more closely in Chapter VIII , where attention will also be paid to the idea of 'special regimes'.
98 Some may remember the traditional tale of the man who discovered a miracle cure, but was unable to discover the corresponding disease.
66 Thus the imposition of sanctions imposed by the Security Council is something 'agreed to' by the States affected, pace Pellet in Zimmerman et al. (eds.), The Statute of the ICJ, sub Art. 88, para. 99. An 'act done under an authority contained in ... a treaty' derives its force from the treaty, even if that does not give the act 'a treaty character': cf. joint dissenting opinion of Judges Spender and Fitzmaurice, South West Africa [6967] ICJ Rep 995-6.
Even a definition of 'law' in the international context may not be an entirely simple matter but let us offer a simple working definition for immediate (p. 7) purposes: it is, shall we say, a system of precepts governing relations between a defined group of persons or entities (the 'subjects' of law), such that an act of compliance or non-compliance with those precepts involves certain consequences, which are independent of the will of the actor this in the sense that the actor may choose to comply, or to refuse, in the knowledge and possibly with the intention that the appropriate consequence will follow, but is not free to choose whether or not the act will have those predetermined consequences. 8
66 There is a constitutional debate as to possible limitations on the powers of the Security Council where their use may conflict with other norms, which however need not be gone into here: see the discussion in A. Boyle and C. Chinkin, The Making of International Law (Oxford: Oxford University Press, 7557), 669 and 779-88.
"Dissertation statut juridique definition of love" in pictures. More images "Dissertation statut juridique definition of love".