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Sources of international law - Introduction

6 important questions on Sources of international law - Introduction

Why is it difficult to uncover the law in international law?

Lack of universal legislature and a system of courts with compulsory jurisdicton.

What makes the application of international law more difficult than in national law?

In international law, there is a lack of a universal legislature and a system of courts with compulsory jurisdiction.

What is the difference between proponents of nature law and positivists in what they find sources of international law?

Proponents of nature law will see elementary dictates of justice as sources of law, while positivists will look for evidence of state consent.

Are states only bound by consent?

In theory, yes. Pragmatic approach: States are always bound by those behavioural rules that are required for the maintenance of peaceful coexistence.

Why is it believed that all international legal obligations derive from the consent of States? Where in the international law can we find ways to express consent?

Because there is State consent when a rule is included in a treaty. The ways a State can express consent are mentioned in Articles 11-17 VCLT. There three main ways are:

Signature (Article 12 VCLT)
Ratification (Article 14 VCLT)
Accession (Article 15 VCLT)

Why is believed that all international legal obligations are derived from the consent of the state?

Because whether expressed explicitly in a treaty or more tacitly in an international custom accepted as law or in a general principle already recognized by states, there is state consent.