Question

    Which of the following is the most appropriate

    option? 1.    Judicial decisions are not a source of International Law 2.    Juristic writings are a source of International Law 3.    Art. 59 also talks about Sources of International law 4.    Art. 38 is the only article that talks about sources of International law
    A 1, 2, 3 are correct Correct Answer Incorrect Answer
    B 2, 3 and 4 are correct Correct Answer Incorrect Answer
    C 1 and 2 correct Correct Answer Incorrect Answer
    D 2, 3 and 4 are correct. Correct Answer Incorrect Answer

    Solution

    • Statement 1 is incorrect: Judicial decisions are a subsidiary source of International Law, according to Article 38 of the ICJ Statute.
    • Statement 2 is correct: Juristic writings are recognized as a subsidiary source of International Law under Article 38.
    • Statement 3 is incorrect: Article 59 only deals with the binding force of decisions of the ICJ (i.e., judgments are binding only between the parties and in respect of that case), not about sources of International Law; it does not enumerate sources.
    • Statement 4 is incorrect: Article 38 is the principal article, but it is not the only article that talks about sources, since other articles (like Article 59) address binding force, though not directly listing sources.

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