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The body of rules and principles of action which are binding on sovereign states in their relations with each other. The last half-century or so has also seen the extension of international law to include the rules relating to the activity of international organizations and to individuals and non-governmental organizations to the extent to which their activity comes within the ambit of international law (as, for example, in connection with international criminal law). However, international law remains primarily an expression of the rights and duties of states inter se. And overwhelmingly it is in the nature of civil rather than criminal law. International law derives from two main sources: international custom (of the sort which creates customary international law) and treaties. Jurisprudentially, the former is the more fundamental; but quantitatively the latter is now dominant. As between its signatories (unless it is in breach of ius cogens), a treaty supersedes any relevant customary law. A third source of international law is general principles of law. And it should be noted that the Statute of the International Court of Justice makes reference to judicial precedents and the work of highly qualified writers as ‘subsidiary means for the determination’ of international law. Like all systems of law, the essential purpose of international law is to provide an accepted framework for behaviour, enabling states to know what they may do, what they must not do, and how they may lawfully seek to achieve certain goals. Provided, therefore (as is in fact the case), international law is generally observed, it supplies the element of predictability which is absolutely essential for the maintenance of international order. Without it, relations between states would necessarily be minimal or chaotic. In this sense, international law is a crucial constituent of the international society. |
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