INTRODUCTION:
This research paper is based on basic and a correlational work written in APA style on Art. 38(1) of International Court of Justice i.e. ICJ.
The question that comes to my mind that has encouraged me to write on this subject-matter is to understand:
- How far has art. 38(1) of ICJ has influenced or impacted the other laws?
- Has it left any influence or impact on our Indian Law system?
- Does it contribute to the idea of democracy?
International law is a set of laws, rules and norms that interconnects and interlinks the states and international actors like the organizations, cooperations and to certain extent individuals as well[1]. It can operate beyond boundaries of states and conducts accordingly.
It is formed to fulfil the purpose to maintain peace across and between the states on a wider range ensuring security and cooperation.
The establishment of Permanent Court of International Justice (PCIJ) in 1922 which later dissolved and in the year 1945 UN Charter established the International Court of Justice whose work is to advise, interpreting laws, resolving disputes between states and enforcing the decisions. Its helps in maintaining global order[2].
The boundary to decide cases through or with the support of sources of international law is mentioned under Art. 38(1) of International Court of Justice (ICJ). The legal framework is stated under this article which makes it an important provision to regulate the international law in a consistent manner.
Accordingly, while resolving the disputes between the two or more states, the essential or we can say the components that contribute as source of international law are first, the natural justice or general principles of law which are almost accepted and used by all states that are considered as civilized even if they are not in written format. Second is the custom which means any practice that have been in consistent and regular use for ages or for more than a particular time and now are being a part of law and followed as an obligation whether it is in written form or not. Third are the agreements that two or more states in written form which will be legally binding is known as convention or treaty and lastly the teachings of publicists and the judicial decisions.
According to my perspective, the above-mentioned sequence of the sources may be considered as a hierarchical structure if we follow an order from old to new format.
[1]https://www.britannica.com/topic/international-law
[2]https://www.icj-cij.org/court