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SOURCES OF INTERNATIONAL LAW
In International law, the laws are not quite as certain as those in domestic law. A lawyer, faced with a problem in inter* national law, will consult a variety of sources to determine what the laws are and how they will apply in the circumstances. These sources are generally accepted as being those set out in Article 38 of the Statute of the International Court of Justice:
“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 recognized by the contesting states; b. International custom, as evidence of a general practice accepted as law; c. The general principles of law recognized by civilized nations; d. Subject to the provisions of Art.59, judicial decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law.” Article 59 of the Statute of International Court of Justice: “The decision of the Court has no binding force except between the parties and in respect of that particular case.” I. International Conventions and Treaties: The Vienna Convention on the law of treaties codifies several bedrocks of contemporary international law. It defines a treaty as "an international agreement concluded between states in written form and governed by international law," as well as affirming that "every state possesses the capacity to conclude treaties." A treaty may also be known as an (international) agreement, protocol, covenant, convention, pact, or exchange of letters, among other terms. Regardless of terminology, all of these forms of agreements are, under international law, equally considered treaties and the rules are the same. J.G. Starke classifies treaties as: The first type is law*making treaty, which contain rules of universal or general application. They are considered to be a direct source of international law. The second type is treaty*contracts, which are made between two or more states about a matter of specific concern to those states. Law*making treaties are also referred to as international legislation. They range over a variety of subject matters, including Red Cross work, weights and measures, aerial navigation, international waterways, international economic and monetary questions, and the control of narcotics. Examples of treaties, which have general application, include the United Nations Charter, the Geneva Convention and the General Agreement on Tariffs and Trade. Treaty contracts, unlike law*making treaties, are not a direct source of international law. Instead they govern the legal relations between only those states who are parties to that contract (e.g. extradition). However, these treaties can lead to the formation of international law in the same way, as can customs.
 Types of Treaties:
The two types of treaties are Bilateral and Multilateral treaties. Bilateral treaties are concluded between two states or entities. It is possible, however, for a bilateral treaty to have more than two parties; consider for instance the bilateral treaties between Switzerland and the European Union (EU) following the Swiss rejection of the European Economic Area agreement. Each of these treaties has seventeen parties. These however are still bilateral, not multilateral, treaties. The parties are divided into two groups, the Swiss ("on the one part") and the EU and its member states ("on the other part"). The treaty establishes rights and10 obligations between the Swiss and the EU and the member states severally—it does not establish any rights and obligations amongst the EU and its member states. A multilateral treaty is concluded among several countries. The agreement establishes rights and obligations between each party and every other party. Multilateral treaties are often regional. Treaties of "mutual guarantee" are international compacts, e.g., the Treaty of Locarno that guarantees each signatory against attack from another.  Adding and amending treaty obligations: a) Reservations: Reservations are essentially caveats to a state's acceptance of a treaty. Reservations are unilateral statements purporting to exclude or to modify the legal obligation and its effects on the reserving state. These must be included at the time of signing or ratification, i.e. "a party cannot add a reservation after it has already joined a treaty". Originally, international law was unaccepting of treaty reservations, rejecting them unless all parties to the treaty accepted the same reservations. However, in the interest of encouraging the largest number of states to join treaties, a more permissive rule regarding reservations has emerged. While some treaties still expressly forbid any reservations, they are now generally permitted to the extent that they are not inconsistent with the goals and purposes of the treaty.
When a state limits its treaty obligations through reservations, other states party to that treaty have the option to accept those reservations, object to them, or object and oppose them. If the state accepts them (or fails to act at all), both the reserving state and the accepting state are relieved of the reserved legal obligation as concerns their legal obligations to each other (accepting the reservation does not change the accepting state's legal obligations as concerns other parties to the treaty). If the state opposes, the parts of the treaty affected by the reservation drop out completely and no longer create any legal obligations on the reserving and accepting state, again only as concerns each other. Finally, if the state objects and opposes, there are no legal obligations under that treaty between those two state parties whatsoever. The objecting and opposing state essentially refuses to acknowledge the reserving state is a party to the treaty at all. b) Amendments: There are three ways an existing treaty can be amended. First, formal amendment requires State parties to the treaty to go through the ratification process all over again. The renegotiation of treaty provisions can be long and protracted, and often some parties to the original treaty will not become parties to the amended treaty. When determining the legal obligations of states, one party to the original treaty and one a party to the amended treaty, the states will only be bound by the terms they both agreed upon. Treaties can also be amended
informally by the treaty executive council when the changes are only procedural, technical
change in customary international law can also amend a treaty, where state behavior evinces a
new interpretation of the legal obligations under the treaty. Minor corrections to a treaty may
be adopted by a procès*verbal; but a procès*verbal is generally reserved for changes to rectify
obvious errors in the text adopted, i.e. where the text adopted does not correctly reflect the intention of the parties adopting it. c) Protocols: In international law and international relations, a protocol is generally a treaty or international agreement that supplements a previous treaty or international agreement. A protocol can amend the previous treaty, or add additional provisions. Parties to the earlier agreement are not required to adopt the protocol. Sometimes this is made clearer by calling it an "optional protocol", especially where many parties to the first agreement do not support the protocol.
Some examples: the United Nations Framework Convention on Climate Change (UNFCCC)
established a framework for the development of binding greenhouse gas emission limits,
while the Kyoto Protocol contained the specific provisions and regulations later agreed upon.
 Execution and implementation: Treaties may be seen as 'self*executing', in that merely becoming a party puts the treaty and all of its obligations in action. Other treaties may be non*self*executing and require 'implementing legislation'—a change in the domestic law of a state party that will direct or enable it to fulfill11 treaty obligations. An example of a treaty requiring such legislation would be one mandating local prosecution by a party for particular crimes. The division between the two is often not clear and is often politicized in disagreements within a government over a treaty, since a non*self*executing treaty cannot be acted on without the proper change in domestic law. If a treaty requires implementing legislation, a state may be in default of its obligations by the failure of its legislature to pass the necessary domestic laws.
 Conclusion of Treaty:
The conclusion of a treaty generally comprises of a number of steps laid down in Articles 12 – 18
of the Vienna Convention: The negotiations For multilateral treaties the authorization to negotiate is required. Negotiating State, which took part in the drawing up and adoption of the text of the treaty.
The signing The signing implies that the treaty text is recognized as authentic and definitive and that no more changes are possible. The intention of the State to give that effect to the signature appears from the full powers of its representative or was expressed during the negotiation. 'full powers' means a document emanating from the competent authority of a State designating a person or persons to represent the State for negotiating, adopting or authenticating the text of a treaty, for expressing the consent of the State to be bound by a treaty, or for accomplishing any other act with respect to a treaty;
Ratification It means that in each case the international act so named whereby a State establishes on the international plane its consent to be bound by a treaty.