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DOPEINDRE Custom Is a Rudimentary and Obsolete Source of International Law True False Contrary to Sources of Law Stricto Sensu

Вопрос

DOPEINDRE Custom is a rudimentary and obsolete source of international law true false Contrary to sources of law stricto sensu international legal instruments (arguments) include treaty doctrine judicial decision resolution The abolition of death penalty is a universally binding rule (so called ius cogens) a general principle of law an international custom a voluntary conventional obligation

Решения

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ветеран · Репетитор 9 лет

Ответ

1. Custom is a rudimentary and obsolete source of international lawFalseCustom is one of the primary sources of international law, alongside treaties, doctrine, and judicial decisions. It refers to the established practices and norms that have developed over time and are accepted as legally binding by states. Custom is considered a fundamental source of international law, particularly in areas where treaties may not exist or may be lacking. It is not considered obsolete, as it continues to evolve and play a significant role in shaping international legal norms.2. Contrary to sources of law stricto sensu, international legal instrumentsIncludeInternational legal instruments, such as treaties, doctrine, judicial decisions, and resolutions, are sources of law stricto sensu. These instruments are considered primary sources of international law and are binding on states. They establish rules and principles that states are obligated to follow. These sources of law are distinct from customary international law, which is based on established practices and norms.3. The abolition of the death penalty isA universally binding rule (so-called ius cogens)The abolition of the death penalty is considered a universally binding rule, also known as ius cogens, in international law. Ius cogens refers to peremptory norms of general international law that are accepted and recognized by the international community as a whole. These norms are considered to be of fundamental importance and cannot be set aside or altered by individual states. The abolition of the death penalty is one of the norms that falls under the category of ius cogens, meaning that states are obligated to abolish it and are not allowed to reintroduce it.