INTERNATIONAL LAW: SOURCES AND METHODOLGY Objectives During the meeting of the Advisory Council of Jurists (ACJ) at the Seventh Annual Meeting of the Asia Pacific Forum of National Human Rights Institutions (APF) held in New Delhi, India in November 2002, it was agreed that the report on trafficking should be supported by an appendix describing the sources and methodology of contemporary international law. The terms of reference of the ACJ provide that: “The Council shall provide comment, opinion and advice on the interpretation and application of relevant international human rights standards, upon requests having regard to settled principles of international and the treaty obligations of the concerned States.” Accordingly, the Council is requested to base its reports on specific issues upon the settled principles of international law and relevant treaties. The following discussion describes the sources and methodology for determining international law in general, without reference to specific legal issues. International law defined International law has been defined as “that body of law which is composed for its greater part of the principles and rules of conduct which States feel themselves bound to observe, and therefore do commonly observe in their relations with each other” (Hyde, International Law 1947), including: (a) the rules of law relating to the functioning of international institutions or organisations; and (b) certain rules of law relating to individuals and non-State entities insofar as they become the concern of the international community. While there is much academic debate regarding the adequacy of this definition, it suffices to acknowledge the primary role of sovereign and equal nation states in the formation of international law and the contemporary roles of governmental and non-governmental organisations as influences upon the creation and implementation of that law. 28