ABSTRACT
The guiding idea of Chapter 2 is to show that formal sources of international obligations are not necessarily the same as formal sources of international law. Direct sources of obligations may also be those sources that are not recognised as sources of international law or are controversial (such as unilateral acts or judicial decisions; the role of soft law is also under consideration). Another aim of the chapter is to show that international obligations do not necessarily have the same substantive source. In particular, will or consent are not the only factors generating international obligations. In exceptional situations, there may be sources of obligations that are independent of will or consent. Chapter 2 examines the primary and subsidiary sources of international law within the meaning of Article 38 of the ICJ Statute as sources of obligations and the existence of legally binding resolutions of international organisations and unilateral acts, as well as international judgments and doctrinal teachings in this capacity. In addition, the substantive sources of obligations are considered, in particular will and consent and deviations from them.
