Should the Decisions of the International Court of Justice and the Work of the International Law Commission be Recognized as Binding Sources of International Law?

Abstract

This year marks the 76th anniversary of the first sitting of the International Court of Justice, and the article 38(1) of the Statute of the International Court of Justice is considered to be one of the most authoritative guides for ICJ when deciding international disputes. However, whether this provision is complete and covers all the sources of international law are of concern. Someone argues that decisions of the International Court of Justice, and the work of the International Law Commission, should be recognized as binding sources of international law as well. This essay is going to focus on the sources of international law listed in the article 38(1) of the Statute and other possible sources which are not included in this article. In addition, it will discuss the judicial decisions of the ICJ, the work of ILC, and the reasons for not adding them into the sources of international law.