Limitations of Methodology and Sources Sample Clauses

Limitations of Methodology and Sources. It should be emphasised that neither the AP I Commentary nor the AMW Manual or its Commentary are sources of law, hence they do not have normative status. The authoritative approach to determining the sources of international law is set out in Article 38(1) of the Statute of the International Court of Justice.59 This recognises three distinct sources. • Treaty law,60 which is defined as “an international agreement concluded between States in written form and governed by international law”.61 The focus is on “rules expressly recognized by…States”, irrespective of the particular name or designation of the document.62 • Customary law,63 which arises when there is sufficient evidence of State practice (by a xxxxxxxx xxxx of affected States over a sufficient period of time) coupled with opinio juris; that is, a belief on the part of the State that such practice is required by a rule of international law.64 • General principles of law,65 which are broad legal concepts derived from national legal systems. Hence, they are so fundamental that they transcend national boundaries, and they may be used to fill gaps in the law.66 The above reflects the fact that only States can make international law, not commentators or experts acting in their personal capacity. Thus, within this thesis only AP I and other cited treaties enjoy normative status (see below on customary law). 59 See Article 38(1)(a)-(c), Statute of the International Court of Justice (adopted 26 June 1945, entered into force 24 October 1945) 145 BFSP 832 (hereafter, ICJ Statute). 60 Article 38(1)(a), ICJ Statute. 61 Article 2(1)(a), Vienna Convention on the Law of Treaties (adopted 23 May 1969, entered into force 27 January 1980) 1155 UNTS, 331. 62 Article 38(1)(a), ICJ Statute. Hence, titles such as ‘annex’, ‘protocol’, ‘convention’, or ‘statute’ – all of which will be encountered in this thesis – are merely terms, which do not affect the normative status of the document. 63 Article 38(1)(b), ICJ Statute.
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Related to Limitations of Methodology and Sources

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