Unit I · Public International Law

Article 38 sources: treaties, custom, general principles and subsidiary means

Study aid only. Confirm statute numbers with the current bare Act and the official OU LL.B. (3-YDC) 2024–25 syllabus PDF.

Statute sections

Act / instrumentSectionName
Statute of the International Court of Justice 38(1)(a) International conventions
Statute of the International Court of Justice 38(1)(b) International custom as evidence of a general practice accepted as law
Statute of the International Court of Justice 38(1)(c) General principles of law recognised by civilised nations
Statute of the International Court of Justice 38(1)(d) Judicial decisions and teachings as subsidiary means

Landmark cases

Asylum Case (Colombia/Peru)

ICJ Reports 1950, p. 266 · International Court of Justice

A customary rule must be the expression of a constant and uniform practice accepted as law; Colombia failed to prove a regional custom of unilateral diplomatic asylum.