Major source

1.2. Sources of international law

subsidiary source

Article 38(1) of the 1946 Statute of the International Court of Justice

Major source

international conventions

international custom

general principles

Article 38(1) of the 1946 Statute of the International Court of Justice

subsidiary source

judicial decisions

highly qualified juristic writings

1.2.1 convention1.2.1 convention

Convention may Convention may refer to Treaty, an refer to Treaty, an agreement in agreement in international law.international law.

1.2.2 Custom1.2.2 Custom

The custom law is uniformly or continuously The custom law is uniformly or continuously and repeatedly executed sufficiently to and repeatedly executed sufficiently to demonstrate that the custom was of a demonstrate that the custom was of a generally-applicable acquiescence.generally-applicable acquiescence.

Keep narrow and straight .

优秀人才

Opinio jurisState practice

Jus cogens

categoriescategories

Jus cogensJus cogens war crimes war crimes crimes against humanitycrimes against humanity PiracyPiracy GenocideGenocide ApartheidApartheid slavery and tortureslavery and torture

1.2.3 general principle of law1.2.3 general principle of law

definitiondefinition

A non-liqutet situation was mA non-liqutet situation was more likely to arise in internatioore likely to arise in international law and formula “general nal law and formula “general principle” would plug any gapprinciple” would plug any gap

s.s.

categoriescategories

estoppel

Equity

Actiopopularis

Corporate personality

Good faith

①①An actio popularis was an action in Roman An actio popularis was an action in Roman penal law brought by a member of the public penal law brought by a member of the public in the interest of public order such as oil pollin the interest of public order such as oil pollution.ution.

②②Estoppel in English law is a doctrine that may be useEstoppel in English law is a doctrine that may be used in certain situations to prevent a person from relyind in certain situations to prevent a person from relying upon certain rights, or upon a set of facts (e.g. wordg upon certain rights, or upon a set of facts (e.g. words said or actions performed) which is different from as said or actions performed) which is different from an earlier set of facts.n earlier set of facts.

Denning J (Denning J (18991899..11..2323--19991999..33..55)essentially created t)essentially created the doctrine of promissory estoppel in equity law fhe doctrine of promissory estoppel in equity law from estopped by representationrom estopped by representation in common law. in common law.

In 1937, High Trees House Ltd leased a block of flatIn 1937, High Trees House Ltd leased a block of flats in Clapham, London, for a rate £2500/year from s in Clapham, London, for a rate £2500/year from Central London Property Trust Ltd. Due to the coCentral London Property Trust Ltd. Due to the conditions during the beginning of World War II occnditions during the beginning of World War II occupancy rates were drastically lower than normal.upancy rates were drastically lower than normal.

Over the next five years, High Trees paid the reduced Over the next five years, High Trees paid the reduced rate while the flats began to fill, and by 1945, the flats rate while the flats began to fill, and by 1945, the flats were back at full occupancy. Central London sued for were back at full occupancy. Central London sued for payment of the full rental costs from June 1945 payment of the full rental costs from June 1945 onwards (i.e. for last two quarters of 1945).onwards (i.e. for last two quarters of 1945).

the power of the arbitrators

to dispense with to dispense with consideration of the law and consideration of the law and consider solely what they consider solely what they consider to be fair and consider to be fair and equitable in the case at handequitable in the case at hand

Latin for Latin for ex aequo ex aequo et bonoet bono

according to the according to the “right and good" or “right and good" or "from equity and "from equity and conscience”.conscience”.

③③EquitEquity y 公允及善良

1.2.4 judicial decision1.2.4 judicial decision

definitiondefinition

It is the determination by a It is the determination by a court of competent court of competent jurisdiction on matters jurisdiction on matters submitted to it.submitted to it.

stare decisisstare decisis

In common law legal systems, a precedent or authority is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts.

1.2.5 the teaching of the most highly 1.2.5 the teaching of the most highly

qualified publics of the various qualified publics of the various

nations such as Grotiusnations such as Grotius

1.2.6 other possible sources1.2.6 other possible sources

① Resolutions of general assembly in UN

② Specialized agencies of the UN

③ Soft law

通告（通告（ circularcircular ）） 准则（准则（ codecode ）） 交流（交流（ communicationcommunication ）） 结论（结论（ conclusionconclusion ）） 声明（声明（ declarationdeclaration ））

戒律（戒律（ disciplinediscipline ））框架（框架（ frameworkframework ））指南（指南（ guidance noteguidance note ））指导（指导（ guideguide ））指导方针（指导方针（ guidelineguideline ））信函（信函（ letterletter ））

备忘录（备忘录（ memorandummemorandum ））公告（公告（ noticenotice ））意见（意见（ opinionopinion ）） 建议（建议（ recommendationrecommendation ））报告（报告（ reportreport ）） 决议（决议（ resolutionresolution ））

Shenzhen special economic zone to accelerate tShenzhen special economic zone to accelerate transformation of the mode of economic develransformation of the mode of economic development promotionopment promotion

《深圳经济特区加快经济发展方式转变促进条例》《深圳经济特区加快经济发展方式转变促进条例》

11/5111/51 ．关于法的渊源和法律部门，下列哪些判断是正确的．关于法的渊源和法律部门，下列哪些判断是正确的 ??　　　　 AA ．自治条例和单行条例是地方国家权力机关制定的规．自治条例和单行条例是地方国家权力机关制定的规

范性文件范性文件　　　　 BB ．行政法部门就是由国务院制定的行政法规构成的．行政法部门就是由国务院制定的行政法规构成的　　　　 CC ．国际公法是中国特色社会主义法律体系的组成部分．国际公法是中国特色社会主义法律体系的组成部分　　　　 DD ．划分法律部门的主要标准是法律规范所调整的社会．划分法律部门的主要标准是法律规范所调整的社会

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