The History of Article 38 of the Statute of the International Court of Justice

This chapter analyses the history of Article 38 of the International Court of Justice (ICJ) Statute. It also seeks to reflect on the Article’s current status. The main focus of this chapter is to look at sources of international law through the prism of their historical development, including potential ‘new’ sources (acts of international organizations, unilateral acts of States, soft law) which have emerged long after the twelve ‘wise men’ of the Advisory Committee of Jurists had completed their task of drafting Article 38. The chapter also deals with the ‘classical’ sources of international law, such as customary international law and general principles of law. It takes into account how various courts and tribunals approach these sources.

Common law · Economic Justice · International court · International law · Political science · Precedent · Prism · Public international law · Sources of international law · Statute · International Arbitration and Investment Law · International Law and Human Rights · International Maritime Law Issues · Law

• The relationship between general principles of international law and Article 38(1) of the ICJ statute

  Open Access•Xinxiang Shi•Marine Policy•2023

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