In these ways, the sources and evidences of international law are integrated and
interdependent.
What are the sources and evidences of international law?
Each of the primary sources of international law is set out below:
1.
Treaties
With the exponential growth in “law–making” treaties over the last 30 –50 years, treaties
are now the primary source of international law. Law-making multilateral treaties of
universal or general application are to be distinguished from treaty “contracts” that
simply define the relations between two or a few States in an area of particular interest to
regionally or substantively. Law-making treaties have become close to international
“legislation” and are a response to the need for a clear description of international legal
obligations, particularly where the customary rule is unclear. There are now scores of
fundamental human rights treaties setting out norms of universal application. The
Advisory Council of Jurists will almost certainly examine these treaties as the primary
source of the “settled” international law for the purposes of reporting upon each annual
reference.
The Vienna Convention on the Law of Treaties 1969 (“Vienna Convention”) sets out the
international law principles of treaty interpretation and application. While most States in
the international community are parties to the Vienna Convention, (over 80 Parties and
22 signatories) there may be some members of the APF, now or in the future that are not
a party. However, many of the provisions of the Vienna Convention are applicable
against all nations whether a party to the treaty or not because they articulate rules which
have gained the status of customary law.
A matter that creates some confusion when considering the treaty obligations among
States is the difference between a State that has signed a treaty but not yet ratified it and a
State that is a party to it through ratification or accession. A State that has signed but not
ratified a treaty is under an obligation under Article 18 of the Vienna Convention as
follows:
“The State is obliged to refrain from acts which would defeat the object and
purpose of a treaty when:
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