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II. Answer the questions.

1. What is the major reason for the debates on meanings of some legal terms?

2. What difficulty in understanding the term “source” does H.Briggs see?

3. What was the opinion of Georg Schwarzenberger as to some legal terms?

4. Where can written rules on the sources of International law be found?

5. Mention all legal instruments where these rules are embodied.

6. What is the hierarchy of sources of International law according to Article 38 of the Statute of the Permanent Court of International Justice of 1920?

7. What is the importance of paragraph 1 of Article 38?

8. What does Article 53 of the 1969 Vienna Convention on the Law of Treaties assert?

9. What is autonomous source of International law and what organizations give rise to this kind of source of International law?

III. Complete the following sentences using the required information from the text above.

1. There are …. which are in general use but are not quite clear. The reason lies in …. as to their exact meaning among those who use them. One of these ambiguous legal terms is certainly that of “….” of international law.

2. Many different, and even opposite, meanings are ascribed to this term. Herbert Briggs warned of the confusion of the term “sources” with: (1)…. , i.e. basis of obligation of this law; (2) … , i.e. factors influencing its development, which have been sometimes understood by some writers as “material sources” of international law; or (3) … , sometimes confined to “documentary evidences” in which the substantive rules find expression.

3. For the sake of clarity and precision Briggs has advocated … .

4. “If a question of law to be decided was covered by … between the belligerent captor and the Power which was itself, or whose subject was, a party to the proceedings, the Court … .

In the absence of such provisions, the Court shall … . If there are no rules generally recognized, the Court … .”

  1. Of far greater importance for … is Article 38 of … . This provision, … , became Article 38 of the Statute of the present International Court of Justice, as … .

6. A hierarchy between the main sources of international law based on the general principle of law …. generally does not seem to be acceptable at the present time. …. asserts the existence of peremptory norms of general international law (…), as being accepted and recognized “….”. Practically all norms of this kind are … . This means that general rules of this character and scope … .

7. There is a tendency in the practice within … to give rise to another autonomous source of international law. Some UN specialized agencies - … - issue within their competencies some standard rules. They are formally not … for their member States as such. But because member States are … , and because their refusal by them might … , all the respective States almost invariably … , which are the product of high technical expertise and knowledge.

8. Besides judicial decisions and doctrine, that role can play in customary process: … .

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