1. Sources

v                The terms “sources” of law largely indicates the methods or procedures by which law is made. Sources of law helps us understand what constitutes law, how law is created and where can we find it.

v                Sources of international law are the materials and processes out of which the rules and principles of law regulating the international community are developed. Different from national or municipal laws, the value and authority of international law is dependent upon the voluntary participation of states in its formulation, observance, and enforcement.

- Article 38 of the Statute of the International Court of Justice established 5 distinct sources of international law.

Primary sources

(1). International conventions. establishing rules expressly recognized by the contesting states .International convention is generally referred to as treaties. Treaties are written agreements between states that are governed by international law. Has different names: agreement conventions, covenants, protocols and exchanges of notes. Treaties can be bilateral, multilateral, regional and global.

Fields: economics, politics, military, science and technology. The basic principle underling the law of treaties is pacta sunt servanda which means every treaty in forces is binding upon the parties to it and must be performed by them in good faith.

(2). International custom, or customary law is the evidence of a general practice accepted as law (customary law) through a constant and virtually uniform usage among states over period of time. It considered as true behaviour, consensus showing a consistent and virtually uniform among states with minimal or no state constrain. the states alleging the existence of a rule of customary law has a burden of proving it existence by showing a consistent and virtually uniform practice among states, including those states specially affected by the rule or having the greatest interest in this master. Need to suitable with itel law .Examples of rules of customary law are recognizing the right of innocent passage of foreign ships in the territorial sea

(3). The general principles of law recognized by civilized nations (third source of law).These are general principles that apply in all major legal systems. General principle of law usually used when no treaty provision or clear rule of customary law exists. Clarify and explain more issue of intel law. For example, the principle that persons who intentionally harm others should have a compensation or make reparation. 

Subsidiary sources:

(4)(5). Subject to the provisions of article 59, judicial decisions of both national and international tribunals if they are ruling on issues of intel law, and the teachings of the most highly qualified publicist of the various nations, as subsidiary means for determination of rules of law

- case law: solve conflict btw disputed nationasà related nations

à not binding all states

Eg: disbute btw Norway and EL, judicial decision of court created preconditions of establishing straight baseline of coastal states having sinuous baselines. 

-         intel scholarly works: attitude, opinion, finding form researching law

à not binding all states

à complementation for intel law, clarify, explain, more specific

à effect establishment of intel law and improve acknowledgement of pp. 

à They can be used to prove the existence of a rule of custom or a general principle of law.

v    Sources of international trade law

International trade law is also mixture of domestic or national law and public international law that apply to transactions for goods and services that cross national boundaries. As compared to the general sources of public international law, international trade law carries some distinctive features as regard its sources. International trade law has come from three sources: customs, domestic legislation and international treaties, in which customs and domestic legislation play a very significant part. Initially, international trade agreement focused on tariff but over time, their scope has broadened to encompass aspects of domestic policymaking. Intel trade law has been consolidated to promote fair trade practices and to strengthen its enforcement mechanism to ensure national government comply with trade law despite shifting domestic pressures.

In Comparing with sources of intel law

-   custom also is considered as primary sources in both law

-   treaties: is not main in commercial law bc of relation of intel and national law. nature of treaties: self-executing treaties: containing a provision that says treaty will be applied in parties’s municipal courts without having adopting any domestic enabling legislation. Non self-executing treaty: that have no such provision.

-   Most significant difference: international law highly concern with the issue of binding all states. commercial law is domestic legislation is most important source.