Sources of International Law

The following are the sources of International Law:

Roman Law

Roman Law is the ancient code of laws, developed during one thousands years of the Roman Empire 500 B.C to 600 A.D). It includes the Jus Feciale and the Jus Gentium, from which the modem international law is derived or deduced. The Roman Law was the first body of laws which laid down certain rules of international law, as for example, that the dealings with the citizens of different nations should be based upon justice, equity and common sense.

Works of Eminent Writers

The writings of historians, biographers and, above all, of the jurists are important sources of International Law. “These writers, by showing what rules nations actually do observe, by interpreting general opinion on given questions, and by giving definitions and modifications of previous rules based on general consent, provide a source of International Law”. Some of these writers are Hugo Grotius, the founder of modern International Law, Kent, Lawrence, Hall, etc. The opinions of Statesmen and diplomats also become a source of International Law.

Treaties, Alliances and Conventions are other important sources of International Law. They are concluded for political, commercial and such other purposes. Some of the important treaties are Westphalia (1648), Utrecht (1713), Paris (1763), the Geneva Convention (1864) and the Brussels Conference (1890), the U.N.O. Charter (1945).

Municipal Law

The municipal or national law of every State is also a source of International Law, for it deals with many questions and matters of international relations and regulations, such as citizenship, naturalisation, neutrality, tariffs, extradition, diplomatic and consular services, etc.

Decisions in International cases

Sometimes the States refer their disputes to international courts and tribunals of arbitration or to conferences for adjudication. Sometimes national High Courts also deal with international cases. The decisions of such courts and conferences also become a source of International Law, for they lay down important rules and principles of international law and relations. For example, the method of adjudication has been regularised by the establishment of the Court of International Justice at the Hague, which is a part of the U.N.O.

 

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