INTERNATIONAL

LAW

TOM REUMI
 Source of International Law

- Treaty ; Entry into Force and Bound

- International Customary Law ; Element and Transform,
Relationship between Treaty and International
Customary
- General principles recognized civilized nations
- Jurisprudence
- Writing Publicist etc
Article Number 38 International
Court Statue
1. International Convention; Treaties
2. International Custom;
3. General principles recognized civilized nations;
4. Subsidiary; Jurisprudence and Doctrin
 TREATIES

– It has various name such as international convention, treaties, final act,

declaration, memorandum of understanding (MOU), agreement, protocol, charter
etc
– Article Number 2 (1a) , Viena Convention 1969 "treaty" means an international
agreement concluded between States in written form and governed by
international law, whether embodied in a single instrument or in two or more
related instruments and whatever its particular designation;
– the agreement must require to the international law (regime);
– Multilateral, Bilateral, Trilateral, regional and universe;
– Voluntary, Pacta Sunt Servanda, Pacta tertiis nec nocunt nec prosunt etc (principle)
 International Customary Law

– Hukum Kebiasaan Internasional adalah hukum yang berkembang dari praktik

atau kebiasaan negara-negara (Martin Dixon);
– International Customary Law might be different with usage or international
community or friendship for example welcoming ceremony internationally;
– The elements ; Factual (general, consistent, duration), and Psychological
Element.
– New customary law can change existing rule
 General Principles Recognized
Civilized Nations

- General Principles of International Law are among the sources of national and
international law which have long been recognized and applied in disputes
between States
- They were embodied in the Statute of the Permanent Court of International
Justice ["PCIJ"], article 38 (I)(3), and in the Statute of the International Court of
Justice ["ICJ"], article 38 (1)(c), under the terms "general principles of law
recognized by civilized nations.“
- Pacta Sunt Servanda, Good Faith, Res Judicata, Good Governance, Clean
Governance etc
 JURISPRUDENCE

– Jurisprudence used to reinforce previous decision;

– Jurisprudence can made the law (see Article number 59 International Court
“Non Precedence”); for example Anglo-Norwegian Case 1952, the judge made
law for new clause for the territory of the sea and Reparation for Injuries
Suffered in the Cervice of the UN 1949, the judge made law that United Nation
can claimed the substitute based on the parties on the treaties;
– However, it can create International Customary Law;
 WRITING PUBLICIST

– It is well known as “Doctrin”

– It does not made the law even though its doctrine from Joko Widodo, Mahfud
MD or Mochtar Kusumaatmadja, they are only opinions (boundless)
– However, it has important role for international law, especially for international
customary law; for example doctrine from Gidel about Additional Zone and
Alfred Pedro about Common Heritage of Mankind for The Law of The Sea
 QUESTION

– In Your Opinion, what is the source of international? Give at least 3 examples.

– What is the different between International Customary Law and Usage?

Answer all these question into a short resume (500 words).

Do not copy paste.