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Union have become extremely important as forums for creating international law The most recent development in this area has been the recognition that there is a role, within the sphere of public international law, for individuals to pursue remedies against sovereign nations Identification of Authoritative Texts The Charter of the United Nations establishes the International Court of Justice (ICJ)as the principal judicial organ of the UN. The treaty which establishes the ICJ is informally known as the Statute. "Article 38 of this"Statute" furnishes an indirect answer to the question: What are the texts of international law? The article is written in terms of what sources the court will use in order to resolve a dispute. These sources include treaties, customary law, case law, academic writings, and general principles of law. Article 38 read 1. The Court, whose function is to decide in accordance with international law such disputes as are submitted to it, shall apply 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 Article 59, judicial decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of 2. This provision shall not prejudice the power of the Court to decide a case ex aequo et bono, if the parties agree thereto. a different presentation of these ideas can be found in the Restatement of the Law 3d: Foreign Relations Law of the United States, Articles 102(Sources of International Law) and 103 Evidence of International Law) s 102 Sources of International Law (1)A rule of international law is one that has been accepted h by the international community of states (a)in the form of( (b) by international agreement;or (c)by derivation from general principles common to the major legal systems of the world (2)Customary international law results from a general and consistent practice of states followed by them from a sense of legal obligation (3)International agreements create law for the states parties thereto and may lead to the creation of customary international law when such agreements are intended for adherence by states generally and are in fact widely acceptedUnion have become extremely important as forums for creating international law. The most recent development in this area has been the recognition that there is a role, within the sphere of public international law, for individuals to pursue remedies against sovereign nations. Identification of Authoritative Texts The Charter of the United Nations establishes the International Court of Justice (ICJ) as the principal judicial organ of the UN. The treaty which establishes the ICJ is informally known as the " Statute ." Article 38 of this "Statute" furnishes an indirect answer to the question: What are the texts of international law? The article is written in terms of what sources the court will use in order to resolve a dispute. These sources include treaties, customary law, case law, academic writings, and general principles of law. Article 38 reads: "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 Article 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. 2. This provision shall not prejudice the power of the Court to decide a case ex aequo et bono , if the parties agree thereto." A different presentation of these ideas can be found in the Restatement of the Law 3d: Foreign Relations Law of the United States , Articles 102 (Sources of International Law) and 103 (Evidence of International Law). § 102 Sources of International Law (1) A rule of international law is one that has been accepted as such by the international community of states (a) in the form of customary law; (b) by international agreement; or (c) by derivation from general principles common to the major legal systems of the world. (2) Customary international law results from a general and consistent practice of states followed by them from a sense of legal obligation. (3) International agreements create law for the states parties thereto and may lead to the creation of customary international law when such agreements are intended for adherence by states generally and are in fact widely accepted
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