
- •The essence of international law
- •2. Functions of international law
- •3. Sources of international law
- •4. Norma of international law
- •5. Principles of International Law
- •The principle concerning the duty not to intervene in matters within the domestic jurisdiction of any State, in accordance with the Charter
- •The duty of States to co-operate with one another in accordance with the Charter
- •The principle of equal rights and self-determination of peoples
- •The principle of sovereign equality of States
- •The principle that States shall fulfil in good faith the obligations assumed by them in accordance with the Charter
3. Sources of international law
Source of international law is considered a form of expression of its rules and accordingly – a form rulemaking.
Despite differences in theoretical concepts concerning the sources of international law on this issue there is an agreement by the majority of the world. This – the ICJ Statute, article 38 of which are formulated after World War I to the Permanent Court of International Justice, says: “The court, which is to decide disputes submitted to it under international law, shall apply:
a)international conventions;
b)international custom, as evidence of a general practice accepted as law;
c) general principles of law recognized by civilized nations;
g)subject to the provisions of Article 59, judicial decisions and doctrine more highly qualified publicists of the various nations, as subsidiary means for determining the legal norms. ”
4. Norma of international law
Norma of international law – a rule of conduct, which is recognized by States and other subjects of international law as a legal obligation.
Norms of international law, respectively, are legally binding rules of conduct prescribed by these rules subjects of international relations that are protected in case of need for forced compliance.
According to the general theory of law, rule of law (national and international) include three elements that have a three-term structure: a hypothesis that indicates the condition of the established rules of conduct, disposition, sets forth this rule, and sanctions, pointing to the adverse legal consequences, which occur for an entity violating this rule.
Rights and / or obligations arising for an entity of the established rules of conduct, it is his subjective rights and duties. In theory, international law and international legal instruments to replace the term “duty”, the term “obligation”, again in accordance with the method of international legal regulation
Norms of international law differ on the recipients – the subjects, the relationship between which they regulate. Therefore, they are structurally divided into general international law, established by the international community of States and addressed to all entities or all of the main subjects of international law – the state and local standards, addressed to two or more of its subjects, by agreement between which they are installed. More specifically – is the norm of bilateral or multilateral treaties.Among the local norms can be distinguished as individual rules that govern the behavior of subjects in particular, an isolated case. This, for example, decisions of international courts or arbitration binding on the parties to the dispute only in the case.
Relation between the norms of general international law and norms of local is that the latter should not contradict the essence of general international law, it must comply with them basically. Thus, according to Art. 103 UN Charter (the main instrument of general international law), when the obligations of members of the Organization for the present Charter and their obligations under any other international agreement, their obligations under the present Charter.