The question (15 marks)
Discuss the sources of international law under Article 38 of the Statute of the International Court of Justice, and explain in detail how a rule of customary international law is established. (15 marks)
MU Module I, head 1.5; chapters on Article 38 and on custom.
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 1 · Nature and Sources of Public International Law.
Authorities you will need
- Statute of the International Court of Justice 1945, arts. 38 and 59
- North Sea Continental Shelf Cases, ICJ Reports 1969, p. 3
- Military and Paramilitary Activities in and against Nicaragua (Nicaragua v. United States of America), ICJ Reports 1986, p. 14
- Asylum Case (Colombia v. Peru), ICJ Reports 1950, p. 266
- Right of Passage over Indian Territory (Portugal v. India), ICJ Reports 1960, p. 6
- Legality of the Threat or Use of Nuclear Weapons, ICJ Reports 1996, p. 226
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.