Sources

Anmerkungen:

• Hierarchycaly classified in the Article 38 of the Statute of the ICJ  

1. International Conventions (Treaties)
   1. Reservations

      Anmerkungen:

      • Unilateral Statement, however phrased or named, made by a State, when signing, ratifying, accepting, approving, or acceding to a treaty in their appication to that state.
   2. Pacta sunt Servanda

      Anmerkungen:

      • This is the foundation of treaties
   3. Termination of treaties

      Anmerkungen:

      • Material Breach Supervening impossibility of performance Fundamental change of circumstances
      1. Breach
      2. Impossibility
      3. Change of circumstances
   4. Elements
      1. International agreement concluded between states
      2. In written form
         1. Signed by a delegate with full powers
         2. Expression of consent to be bound
      3. Governed By IL
      4. Wheter embodied in a single instrument or two or more related instruments
      5. Whatever its particular designation
   5. Interpretation Principles
      1. Actuality of equality
      2. Natural and ordinary meaning
      3. Integration
      4. Effectiveness

         Anmerkungen:

         • Ut magis valeat quam pereat
      5. Subsequent practice
      6. Contemporaneity
2. Custom
   1. Material Element
      1. Inveterata consuetudo

         Anmerkungen:

         • What states actually do
         1. Uniformity
         2. Universally
         3. Altough not absolutely rigorous

            Anmerkungen:

            • EU vs. Nicaragua case
   2. Subjective Element
      1. Opinio Iuris

         Anmerkungen:

         • Why such behaviour should be considered as law
         1. Expressed in the external actions with legal content
         2. General Acquiescence in the practice by other states
         3. Conception that the practice is required or consistent with IL
3. General Principles of Law

   Anmerkungen:

   • Recognised by civilised nations