Public International Law Is Formed By Sovereign States

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Public International law is formed by sovereign states, for sovereign states and governed by the notion of consent. The international Court of Justice under the statute of Article 38, states that when disputes are presented they shall apply International Conventions (also known as treaties), international customs and general principals of law and it shall draw on judicial decisions and the teachings and writings of highly qualified publicists in determining rules of law . The domain of the sources of Public International Law encompasses a vast and extensive agenda of frameworks in governing relations between states. This paper will be focus predominately on the primary sources of International Law, examining the purpose and meanings of…show more content…
A treaty only binds a state when consent is expressed, per Article 11 . Duncan Hollis’s article in the Berkley Journal of International Law cited Sir Gerald Fitzmaurice when he noted that ‘there is a difficulty of referring to treaties as a source of law because they only bind parties to the treaty’ . Treaties can present obscurity with regards to protocols, blurring their purpose with ample opportunities for states to undermine or weaken them. This purports to present a weakness as certain treaties may carry more or less emphasis and regard than others and at times create inequality in their ability to constitute a source of law. This issue emerges as a ramification from the notion of consent because, as the 1969 Vienna Convention and the words of Gerald Fitzmaurice have amplified, treaties only bind those states who give their consent to be bound. Even in the circumstance a treaty becomes ratified, usually in the case of multilateral treaties; it is within the states sanction to enforce a level of reservations or exclusions on provisions within a treaty. A prime example of this was the United Nations Convention For Elimination of All Forms of Discrimination Against Woman, where a number
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