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LCP4801 Assignment 2 Due 16 April 2024
LCP4801 Assignment 2 Due 16 April 2024
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LCP4801 Assignment 2 Due 16 April 2024
QUESTION 1
Article 38(1) of the Statute of the International Court of Justice enumerates the sourcof international law, delineating them individually and successively in points (a) to (d
a. International conventions, whether general or specific, that establish rules expressrecognized by the disputing states,
b. International custom, which serves as evidence of a general practice accepted law,
c. The general principles of law recognized by civilized nations,
d. Subject to the provisions of Article 59, judicial decisions and the teachings of thmost highly qualified publicists of the various nations, which serve as subsidiary meafor determining rules of law.
Despite the equal status accorded to these sources in theory, it is not necessarily tcase that they hold equal weight in practice in all instances. The structure of Artic38(1) may imply an order of precedence, leading to misconceptions about the hierarchamong these sources. Moreover, the inclusion of the term “subsidiary means” in Artic
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LCP4801 Assignment 2 Due 16 April 2024
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