Question one Is International Law really law? Discuss this statement whilst tracing the history of development of International Law and its sources as recognised under Article 38 (1)of the Statute of the International Court of Justice (25 marks)

The statement "Is International Law really law?" is a complex and debated topic within the field of international law. To address this question, it is essential to understand the history and sources of international law as recognized under Article 38(1) of the Statute of the International Court of Justice (ICJ).<br /><br />Article 38(1) of the ICJ Statute outlines the sources of international law that the Court may apply in its decisions. These sources include:<br /><br />1. Treaties and conventions: International agreements between states, whether they are bilateral or multilateral, are considered primary sources of international law. Treaties and conventions are negotiated and ratified by states, and they establish rules and obligations that states have agreed to follow.<br /><br />2. Customary international law: Customary international law refers to practices and norms that have developed over time through the consistent and general practice of states, accompanied by the acceptance of these practices as legally binding. Customary law is often invoked in situations where there is no specific treaty or agreement governing a particular issue.<br /><br />3. General principles of law: General principles of law are principles of law that are recognized by civilized nations and are considered to be applicable as a source of international law. These principles are often derived from domestic legal systems and are used to fill gaps in international law when there is no specific treaty or custom applicable.<br /><br />4. Judicial decisions and teachings of qualified publicists: Judicial decisions of international courts and tribunals, as well as the teachings of qualified publicists (experts in international law), are considered subsidiary means for the determination of rules of international law. These sources provide guidance and clarification on the interpretation and application of international law.<br /><br />To determine whether international law is "really law," it is necessary to consider the legitimacy and binding nature of these sources. International law derives its authority from the consent of states, as they are the primary actors in the international system. Treaties and agreements are entered into voluntarily by states, and customary law develops through the practices and acceptance of states over time.<br /><br />Furthermore, the ICJ, as the principal judicial organ of the United Nations, plays a crucial role in interpreting and applying international law. The Court's decisions and opinions contribute to the development and clarification of international law, and its judgments are often seen as authoritative and binding.<br /><br />In conclusion, while the question of whether international law is "really law" remains a subject of debate, the sources of international law as recognized under Article 38(1) of the ICJ Statute provide a framework for understanding and applying international law. The legitimacy and binding nature of international law depend on the consent and acceptance of states, as well as the role of international institutions like the ICJ in interpreting and enforcing international norms.