Book contents
- Frontmatter
- Contents
- Preface
- Table of cases
- List of abbreviations
- Introduction
- 1 The topic and its importance: conflict of norms in public international law
- 2 The case study: the law of the World Trade Organization
- 3 Hierarchy of sources
- 4 Accumulation and conflict of norms
- 5 Conflict-avoidance techniques
- 6 Resolving ‘inherent normative conflict’
- 7 Resolving ‘conflict in the applicable law’
- 8 Conflict of norms in WTO dispute settlement
- Conclusions
- Bibliography
- Index
- CAMBRIDGE STUDIES IN INTERNATIONAL AND COMPARATIVE LAW
3 - Hierarchy of sources
Published online by Cambridge University Press: 07 July 2009
- Frontmatter
- Contents
- Preface
- Table of cases
- List of abbreviations
- Introduction
- 1 The topic and its importance: conflict of norms in public international law
- 2 The case study: the law of the World Trade Organization
- 3 Hierarchy of sources
- 4 Accumulation and conflict of norms
- 5 Conflict-avoidance techniques
- 6 Resolving ‘inherent normative conflict’
- 7 Resolving ‘conflict in the applicable law’
- 8 Conflict of norms in WTO dispute settlement
- Conclusions
- Bibliography
- Index
- CAMBRIDGE STUDIES IN INTERNATIONAL AND COMPARATIVE LAW
Summary
[T]he system of international law consists of erratic parts and elements which are differently structured so that one can hardly speak of a homogeneous nature of international law. This system is full of universal, regional or even bilateral systems, subsystems and sub-subsystems of different levels of legal integration.
We start this chapter with a description of some of the features of the sources of international law that may complicate an examination of conflict of norms in public international law. We then ask whether there are any a priori hierarchies in international law and, thereafter, examine the principal sources of international law as they may play out in a conflict of norms. We conclude the chapter by redefining international law as constituted by, first, general international law and, second, particular international law.
The continuing uncertainty as to the sources of international law
The problem of identifying the sources of international law
It is generally recognised that norms of international law may derive from the following five sources: treaties; custom; general principles of law; unilateral acts of states; and acts of international organisations. Obviously, a distinction must be made between these five ‘sources’ of law and the infinite number of ‘norms’ they may produce.
The first three of these sources – treaties, customary law and general principles of law – are explicitly confirmed in Art. 38(1)(a)–(c) of the ICJ Statute as part of the ‘applicable law’ before the ICJ.
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- Information
- Conflict of Norms in Public International LawHow WTO Law Relates to other Rules of International Law, pp. 89 - 157Publisher: Cambridge University PressPrint publication year: 2003