Sources of Public International Law

Part I. Sources cited by Article 38 § 1 of the Statute of the International Court  of Justice (ICJ):

A) Primary sources

– international treatises, either general or particular, establishing rules expressly recognized by the States in dispute such as the 1945 UN Charter or 1966 Covenant on Economic, Social and Cultural Rights

– international custom

– the general principles of law recognized by civilized nations

B) Secondary sources

– International court decisions

– the doctrine of the most qualified publicists of the different nations.

Part II. Sources not mentioned in Article 38 § 1 of the Statute of the International Court  of Justice (ICJ):

– Jus cogens (imperative norms of general international law)

– the advisory opinions of the ICJ

– the unilateral acts of the States

– the concepts of “consent” and “hierarchy” in the sources of international law

– Resolutions and Decisions of international organizations

International law is a set of rules governing the conduct of States and international organizations, such as the United Nations. This body of law is governing human rights, humanitarian law, the law of the sea, law of the treaties and other areas of the international public law. Modern international law initially created to regulate relations between states. International law not only aims to encourage peace and security in the world, but it also seeks to protect the common interests of States and to achieve their common objectives.

CIFILE has established an International Contract Law Division to assist individuals, companies and governments for negotiation and drafting contract law. The division provides advice to our clients on establishing the legal and administrative structures necessary to comply with their obligations under international law, as well as advice on issues related to dispute resolution.

The main purpose of this section is related to the registration, incorporation of companies, liquidation or dissolution. We advise our clients on the choice of the legal form and the place of registration of their companies and negotiation on share transfer agreements. Our international lawyers advise our clients to establish a company or register a branch of the company in different countries.

Drafting International Contract, Assisting companies in the field of international law, Drafting contract in export and import, Advising on the structure of the business, the various contracts and international conventions as well as all matters relating to commercial law, Advising foreign investors in several areas of law such as business law, intellectual property law, banking law and employment law.

Our International lawyers around the world, allowing us to be able to give advice and consultation to our clients worldwide. The essential components of the division’s activities are negotiation, litigation, expert legal opinion, arbitration and legal research. CIFILE’s Lawyers can provide legal services in several areas of law, including Public or Private international law, real estate, business law, intellectual property and litigation. If you need further assistance or have any inquiries, please do not hesitate to contact our team of experts at info@cifile.org

Suggested citation: Dr. Abbas Poorhashemi, Sources of Public International Law, Canadian Institute for International Law Expertise (CIFILE), June 16, 2020, https://cifile.org/2020/06/sources-of-public-international-law/.