VIII. Complete diagrams a and b with the words and phrases given below. Then using these diagrams retell this part of the text “International Lawmaking.”(Custom and Treaties).

Diagram A

treaties

Making of treaties

1

Treaties concluded ‘in a simplified form’

2

Grounds of invalidity

absolute

relative

3

4

a) Treaties concluded ‘in a solemn form’,

b) Termination, c)Reservations, d) Interpretation

Diagram B

CUSTOM

Differences from treaties

1

	2			Opinio
			Juris		3

The role of usus and opinio in international humanitarian law

Birth of a custom

4

5

a) Necessitatis, b) Elements of custom, c) Usus, d) The present role of a custom,

e) Objection by States to the formation of a customary rule

IX. Working in pairs make up one more diagram covering such parts of the text as “Codification” or “Jus Cogens. Other Law-Creating processes.”

Phrases, which might be used in preparing the topic:

From the beginning of

It should be noted

By the same token

In the case of (custom, treaties)

By contrast

In other words

What is very novel is…

Not for… but rather… for

As we shall see now

X. Read the text and answer the questions.

1. What are the two main groups of sources of international law?

2. What are the subsidiary sources of international law?

3. What are the differences between ‘primary’ and ‘secondary’ sources of international law?

International lawmaking: other law-creating processes (part I)

Custom and treaties constitute the two most important sources of international law. They are envisaged by two basic 'constitutional' rules of the international community, which lie at the very apex of the legal order.

Other sources of international law exist. Article 38 mentions two of them (general principles of law recognized by civilized nations and judicial decisions).

There are other sources to which that provision makes no reference, but which are nonetheless envisaged by international law and applied by the ICJ itself: unilateral acts of States creating rules, general principles of international law and binding decisions of international organizations.

Some of the above sources may be termed 'primary’, in that they are contemplated by general international law: custom, treaties, unilateral acts of States creating rules of conduct, general principles of international law. Binding decisions of international organizations, as well as judicial decisions made ex aequo et bono are ‘secondary’ sources, because they are provided for by rules produced by primary sources (treaties).