ABSTRACT
The question of where to find sources of international law, bearing in mind that the international community has neither a constitution nor legislature, is usually answered by reference to art 38 of the Statute of the International Court of Justice (ICJ). This provision, adopted from the same article in the Statute of the Permanent Court of International Justice (PCIJ) which operated under the auspices of the League of Nations, provides:
‘(1) The Court, whose function is to decide in accordance with international law such disputes as are submitted to it, shall apply: (a) international conventions, whether general or particular, establishing rules expressly recognised by the contesting states; (b) international custom, as evidence of a general practice accepted as law; (c) the general principles of law recognised by civilised nations; (d) subject to the provisions of Article 59, judicial decisions and the teaching of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law. (2) This provision shall not prejudice the power of the Court to decide a case ex aequo et bono, if the parties agree thereto.’
