establishment of rules of conduct is important not only among men but also among States, intergovernmental organizations and other subjects of international law.These rules take the form of contracts, agreements, doctrine, case law, resolutions and recommendations, under the general title "sources of international law."
Essence and types
should be clearly understood that the sources of international law - it has always embodied the decisions taken by States and intergovernmental organizations on the specific issue.These documents, as a rule, set out the rights and obligations of participants in international relations.But take them to the execution or not, it depends on the international relationship.The general procedure for the adoption of the name of the acquired ratified and implemented it on a voluntary basis of the highest authorities of the country.
sources of international law in various forms of expression, and depending on this release two of their main sections:
- basic sources - presented by international treaties and international custom.The first is a written expression of the will of States to regulate certain international legal relationships.The most striking example was the UN Charter.The second appears in the form of a written consolidate historical manners in certain international circumstances.It is worth noting that the international custom, always smoothly into an international treaty.This is because the custom of "fills in" the absence of contractual regulation;
- support - are the interpretation of the proper use of the main sources in a given situation.This category combines the international legal doctrine and international case law, decisions of intergovernmental organizations.
The main difference between these categories is that for non-fulfillment of the obligations assumed arising from the primary source, the offender threatened use against him international sanctions.The second category is mainly advisory.
For a more detailed explanation of the nature and types of sources of international law turn to two of its sub-sectors - the economic and customs law.
Sources of international economic law
This subsector of law operates, mainly four types of sources: international treaties, international legal custom solutions of international economic authorities and the internal law.
treaties as sources of international economic law (hereinafter - MEP), divided into three categories - international, intergovernmental and interdepartmental.And if the first two categories are common to all sub-sectors, the latter is a sign of the economic aspect of mutual cooperation.This fact is explained by the specifics of subsectors.As a rule, all contracts are formed and through organizations such as the WTO, the ILO, the World Bank and the IMF.
Despite the fact that the legal force of legal custom is on the same level with the contract for MEP it is source of legal regulation.As a rule, this category ensures the functioning of not only the MEP, but also the majority of sub-sectors of private international law.Customs may exist by themselves, and can be fixed in international conventions or decisions.
Decisions of courts - a specific source, characteristic of the IEP.As a rule, they also receive their enshrined in international treaties, but they are decisions of economic courts are given guidelines traits considered sub-sector.
domestic legislation become a source MEP only if there is a dispute on a specific situation.It is taken into account as an auxiliary source, and therefore plays a minor role.
Sources of international customs law
specifics of this type of source is to use in addition to the above forms of expression of the right of unilateral acts and resolutions of international organizations (eg WTO), as well as domestic laws and customs of international precedents of the courts.
Sources of international customs law based on the established practice of interstate relations in the field of customs regulations.And that, she lay down in the canvas created by treaties and charters of international customs organizations.
diverse sources of international law.Their use in the regulation of relations depends not only on the field of legal relations, however the case may be.And because the resolution of conflict situations should apply to all available sources in accordance with their "vertical" actions.
