Article 38 was drafted seventy years ago, to guide the PCIJ to be a comprehensive source for international law.
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Article 38 was drafted seventy years ago, to guide the PCIJ to be a comprehensive source for international law. Unlike in national legal systems, there is no supreme-authority that decides matters relating to international law. However these sources do exist even though they are more ambiguous than those in national laws. Article 38(1) of the Statute of the International Court of Justice lists the main sources of international law. In making decisions on International disputes submitted to it, Article 38 makes the ICJ apply the following: 1. International conventions, general or particular, establishing rules expressly recognized by States; 2. international custom, as evidence of a general practice accepted as law; the general principles of law recognized by civilized nations.1 The statute of the ICJ describes customary international law as, "evidence of a general practice accepted as law."2 Custom is realized to be made up of two components state practice and opinio juris; state practice...

