International law Essay Example | Topics and Well Written Essays - 2000 words

International law - Essay Example ........................................................................................ 6 State Practice...................................................................................................... 7 Hierarchy of sources........................................................................................... 8 International trade and development.................................................................. 8 Conclusion...................................................................................................................... 10 References...................................................................................................................... 11 Main Sources of International Law Introduction International law is the primary governing authority in the management of international affairs. It includes laws and provisions which indicate standards by which states can interact with each other. These provisions also provide processes which are mandated for states to follow in relation to territorial, political, social, and economic relations. The commonly known source of international law includes the legal provisions passed by the United Nations and its General Assembly. However, other laws also make up the overall international statutes which help ensure the peaceful and efficient relations of states and other international actors. Although these statutes are often difficult to implement due to the inherent independence of states, sanctions are nevertheless forthcoming for violators. This paper shall outline and explain the main sources of international law. It will evaluate these sources in terms of their significance and importance in promoting the growth and development of international business and trade. This study will initially discuss the different sources of international law. An evaluation of these sources shall also be carried out and associated with the development of international business and trade. This paper will be discussed in order to provide an academic evaluation of international laws and provisions with the end goal of guiding the future evaluation of international activities and actions of states and business entities. Body Overview of sources of international law The sources of international law would include the materials and provisions where the standards and principles managing states and international actors are established (Jennings and Watts, 1992). These sources are based on various political and legal principles. In the 19th century, the concept of pacta sunt servanda was recognized, mostly as a means of limiting sovereign power and authority (Jennings and Watts, 1992). This homogeneous perspective of international law was apparent in the 1920 Statute for the Permanent Court of International Justice, and further specified under Article 38(1) of the 1948 provisions on the International Court of Justice (ICJ) (Malanczuk, 1997). Article 38(1) is acknowledged to be the most enco mpassing provision indicating the sources of international law (Koskenniemi, 2000). This article calls for the International Court to use international conventions which are expressly acknowledged by other states and international customs as general practices supported by the law. To prevent non liquet, where no law would apply, the article also mentions that general principles used by the courts are those which have long been supported and used by civilized countries (Koskenniemi, 2000). Since states are the ones which give their consent and which