Article 38 of the statute of the international court of justice
Article 38 of the statute of the international court of justice outlines the sources of law that the Court shall apply in its decisions. The article states that the Court shall apply international conventions, international custom, general principles of law recognized by civilized nations, and judicial decisions and teachings of the most highly qualified publicists of the various nations as subsidiary means for the determination of rules of law.
International conventions, or treaties, are agreements between states that govern their relations and form the basis of many international legal obligations. International custom refers to the general practices and beliefs of states that can be considered binding as a matter of law. General principles of law recognized by civilized nations are fundamental legal principles that are common to many legal systems around the world.
The judicial decisions and teachings of publicists are also considered important sources of international law. Decisions of international tribunals, as well as the writings of legal scholars and experts, can help to clarify and interpret the law.
Article 38 is a crucial part of the statute of the international court of justice as it establishes the framework for how the Court approaches and applies international law in its decisions. By considering a variety of sources, the Court is able to draw upon a rich and diverse body of legal principles to resolve disputes between states and promote international justice and peace.