Publıc Internatıonal Law I Deneme Sınavı Sorusu #1217704

Which Sub-paragraph in Article 38 of the Statute of the International Court of Justice enumerates some of the means for the determination of alleged rules of international law?


Sub-paragraph (a)

Sub-paragraph (b)

Sub-paragraph (c)

Sub-paragraph (d)

Sub-paragraph (e)


Yanıt Açıklaması:

Article 38 classifies the sources of international law into two categories. Sub-paragraphs (a), (b), and (c) incorporate the law-creating process, which means that in any asserted rule of international law, it must be shown that it is the product of one or more of the three law-creating processes: treaties, customs, and general principles of law. Sub-paragraph (d), however, enumerates some of the means for the determination of alleged rules of international law. In the case of the law-creating process, the emphasis lies on the forms by which any particular rule of international law is created. This is being done through the law-determining agencies, (those stated in sub-paragraph d), that verify an alleged rule

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