View the transcript here.
Key points for reflection:
- Identifying sources within and beyond Article 38
- Primary sources: themselves establish the validity of a rule
- Secondary/material sources: provide evidence of the existence of a rule—but its validity depends on a further source
- Who is empowered to make, interpret, or change international law?
- Treaties: written agreements consented to between States
- Custom: the practices of States if consistent and uniform, if backed up by the requisite belief that they are required
- General principles: in fact cut across national legal orders, must be common across different legal traditions as well
- Other sources: often influential without being determinative:
- Judicial decisions
- Academic writings
- The work of bodies such as the International Law Commission
- Resolutions of international organisations