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Article 38(1) of the Statute of the International Court of Justice is generally recognized as a definitive statement of the sources of international law. [2] It requires the Court to apply, among other things, (a) international conventions, whether general or particular, establishing rules expressly recognized by the contesting states; (b) international custom, as evidence of a general ...
The Max Planck Encyclopedia of Public International Law (MPEPIL) is an online encyclopedia dealing with international law.It was published under the auspices of Professor Rüdiger Wolfrum, Director of the Max Planck Institute for Comparative Public Law and International Law until his successor Anne Peters became general editor in 2021. [1]
The modern term "international law" was originally coined by Jeremy Bentham in his 1789 book Introduction to the Principles of Morals and Legislation to replace the older law of nations, a direct translation of the late medieval concepts of ius gentium, used by Hugo Grotius, and droits des gens, used by Emer de Vattel.
Many early international legal theorists were concerned with axiomatic truths thought to be reposed in natural law.Sixteenth century natural law writer, Francisco de Vitoria, a professor of theology at the University of Salamanca, examined the questions of the just war, the Spanish authority in the Americas, and the rights of the Native American people.
The International Court of Justice acknowledged in the Reparation for Injuries case that types of international legal personality other than statehood could exist and that the past half century has seen a significant expansion of the subjects of international law. Apart from states, international legal personality is also possessed by ...
The original edition bore the title Elements of International Law with a Sketch of the History of the Subject. Some subsequent editions omitted the "Sketch," which in 1845 became (in expanded form) part of Wheaton's History of the Law of Nations in Europe and America. [8]
The following is a list of major areas of legal practice and important legal subject-matters. From, one of the five capital lawyers in Roman Law, Domitius Ulpianus, (170–223) – who differentiated ius publicum versus ius privatum – the European, more exactly the continental law, philosophers and thinkers want(ed) to put each branch of law into this dichotomy: Public and Private Law ...
Basic concepts of international law such as treaties can be traced back thousands of years. [1] Early examples of treaties include around 2100 BC an agreement between the rulers of the city-states of Lagash and Umma in Mesopotamia, inscribed on a stone block, setting a prescribed boundary between their two states. [2]