Article 38 of the Statute of the International Court of.
This chapter takes a look at Article 38 of the International Court of Justice (ICJ) Statute. This article intends to define so-called sources or origins of international law to be used by the World Court. The text dates back to 1920, before the predecessor of the ICJ, i.e. the PCIJ, took up its activities. The chapter notes that since 1920, Article 38 has featured prominently in the theory on.
The Statute of the International Court of Justice (2nd Edition): A Commentary. Article 38. Preliminary Material. Select Bibliography; A Introduction—The Function of the Court and Applicable Law. 1; 2; 3; B Historical Development. I Genesis. 1 The Prehistory of Art. 38. a) International Arbitrations and Applicable Law. 4; 5; b) Pre-Existing International Courts. aa) The Permanent Court of.
Article 38 in The Constitution Of India 1949. 38. State to secure a social order for the promotion of welfare of the people. The State shall strive to promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice, social, economic and political, shall inform all the institutions of the.
Article 38 of the Statute of the International Court of Justice (ICJ) is generally recognized as the authoritative statement on the sources of international law. It states the sources of law that.
The Statute of the International Court of Justice, part of the Charter of the United Nations, defines the sources of international law in the following language: Article 38. (1) The Court, whose function is to decide in accordance with international law such disputes as are submitted to it, shall apply.
Article 1 INTERNATIONAL COURT OF JUSTICE estab-lished by the Charter of the United Nations as the principal judicial organ of the United Nations shall be constituted and shall function in accord-ance with the provisions of the present Statute. CHAPTER I ORGANIZATION OF THE COURT Article 2 The Court shall be composed of a body of inde-pendent judges, elected regardless of their nation-ality.
Article 38 (1) of the ICJ’s statute also recognizes judicial decisions and scholarly writings as subsidiary means for the determination of the law. Both municipal and international judicial decisions can serve to establish new principles and rules. In municipal cases, international legal rules can become clear through their consistent application by the courts of a number of states. A.