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Duke University Law Library: Collection Development Policy:International Legal Materials


SOURCES OF INTERNATIONAL LAW


Traditionally international law has been defined as the law governing the relationship between states, including diplomatic relations, war, the law of the sea and the law of treaties. Modern international law has evolved to cover a broader range of issues of international concern, including the environment, the law of outer space, trade, economy and development, communications, and the use of deep sea resources. Since World War II international law has become more and more concerned with the decisions, resolutions and guidelines emanating from international organizations (e.g. the United Nations and the European Union), as well as rules relating to individuals and non-state entities, such as the protection of human rights.

The Statute of the International Court of Justice (59 Stat. 1055 (1945)) provides the classic formulation of the sources of international law. Article 38 (1) of the Statute states that disputes submitted to the court should be decided by 1) international conventions; 2) international custom, as evidence of a general practice accepted as law; 3) the general principles of law recognized by civilized nations (the new term is "peace-loving nations"; 4) judicial decisions, and the teachings of the most highly qualified publicists (i.e. international law scholars). The analysis of the sources of international law below is necessarily simplified; for a more in-depth discussion see e.g., Peter Malanczuk, Akehurst's Modern Introduction to International Law 35-62 (7th rev.ed. , 1997).

  1. International Conventions
    This includes treaties and other international agreements.
    • National treaty series are covered in the "Foreign Law Collecting Levels."
    • Treaty series published by international organization are covered in "International Organization Collecting Levels."

  3. International Custom as Evidence of a State Practice in International Law
    Customary law and international practices are found in the practice of states, and documented in sources such as collections of state papers, diplomatic correspondence, opinions of official legal advisors, judicial decisions, executive decisions and practices, and the documents of international organizations (such as resolutions of the U.N. General Assembly). Many countries publish international law yearbooks that summarize their international law activities.
    • Analyses of the collecting levels of documents produced by states are covered in the "Foreign Law Collecting Levels," and in "Collecting Levels by Subject".
    • Analyses of the collecting levels of documents produced by international organization are covered in "International Organization Collecting Levels."

  4. General Principals of Law Recognized by Peace-loving Nations
    Some examples of general principles derived from domestic legal systems include doctrines such as res judicata, and the notion of procedural due process.
    • Analyses of the collecting levels of documents produced by domestic legal systems are covered in the "Foreign Law Collecting Levels"

  5. Judicial Decisions and Teachings of the Most Highly Qualified Publicists (i.e. international law scholars)
    1. Judicial Decisions

    2. Judicial decisions include those of both international and municipal courts.
      • Judicial decisions of municipal courts are covered in the "Foreign Law Collecting Levels." Judicial decisions of international tribunals are covered in "International Organizations Collecting Levels."
    3. Works of International Law Scholars

    4. The works of international law scholars are important teaching and research resources as well as a source of international law.
      • Treatises and articles by international law scholars are covered in "Collecting Levels by Subject, " and include topics such as Air and Space Law, International Business Transactions, and Public International Law.
Updated 7/1/00


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