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Help needed on sources of i law. Help needed on sources of i law.

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Old Tuesday, January 09, 2018
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Default Help needed on sources of i law.
Plz anybody clear my confusion about formal and material sources of I.law.
Customs,treaties,general principle of law ,judicial decision etc are formal sources ya material sources?
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Old Tuesday, January 09, 2018
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Originally Posted by irum mirza View Post
Plz anybody clear my confusion about formal and material sources of I.law.
Customs,treaties,general principle of law ,judicial decision etc are formal sources ya material sources?
Formal sources are those from which a principal of law derives its validity and force. Such sources are treaties, customs and genral principals of law.

Material sources serve as an evidence for the above and include previous decisions of ICJ, charters of international organisations and writings of learned academicians in the field of international law.

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Old Wednesday, January 10, 2018
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The above answer is mostly correct. However, charters of international organizations would not be considered a material (subsidiary) source. Charters are basically multilateral treaties in that they regulate inter-state affairs. Such charters can carry binding force and be reflective of customary laws and jus cogens, though not explicitly. Thus, each charter or similar documents would have to be evaluated in its own context to determine its categorization as a formal or material source, and consider questions regarding its binding force, and nature, whether it is a law-making charter (treaty) or not.

A great source for studying and understanding international law is the book International Law by Malcolm N. Shaw. Its pdf is easily available online.
Last edited by rebmeced; Wednesday, January 10, 2018 at 02:51 AM. Reason: Useful addition
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