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The rules that govern relations between states are termed as International Law and there is no superior authority to enforce such rule over states (multilateral treaties do not apply to all states, but only to those which have consented to be so bound, by signing and ratifying or acceding to them). International law is considered as binding upon them and it is due to this fact that the rule receives its status of law. Therefore, a state will argue that it has not agreed that such a rule is to be binding upon them or that the rule does not apply to the particular circumstances, instead of arguing that international law does not exist, in a case where a state wishes to avoid a particular rule.

Another aspect of International law’s characteristic is that it is not set down in any legislation approved by a parliament as compared to Criminal Law (in Penal Code provisions) or Constitutional Law (Articles in Federal Constitution). The Statute of the International Court of Justice, part of the Charter of the United Nations, defines the sources of international law, as in Article 38, in the following language:

1. The Court, whose function is to decide in accordance with international law such disputes as are submitted to it, shall apply:

i. international conventions, whether general or particular, establishing rules expressly recognized by the contesting states;

ii. international custom, as evidence of a general practice accepted as law;

iii. the general principles of law recognized by civilized nations;

iv. subject to the provisions of Article 59, judicial decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law.

2. This provision shall not prejudice the power of the Court to decide a case ex aequo et bono (“according to the right and good” or “from equity and consecience”), if the parties agree thereto.

Article 59 provides ‘the decision of the Court has no binding force except between the parties and in respect of that particular case.’

To be continued...