Sources of Law

Abstract

The Statute of the International Court of Justice at The Hague specifies the sources of law which should guide the Court in deciding a case. According to that Statute the Court shall apply international conventions, international custom, the general principles of law recognized by civilized nations, and “judicial decisions and the teachings of the most highly qualified publicists.” ¹ In contrast, none of the Community Treaties refers to the sources of law which the Court of the Communities must apply when interpreting each Treaty. Each of the Treaties merely states, as has been quoted earlier, that “The Court of Justice shall ensure observance of law and justice in the interpretation and application of this Treaty.”²