Towards newer sources in international law?

Abstract

Article 38 of the Statute of the International Court of Justice invites the Court to apply international law through the four enlisted sources which are traditionally recognised at international law, namely, treaties, custom, general principles of law accepted by civilised nations and the opinions of qualified publicists. What must be determined, however, and is the subject-matter of deep controversy, is whether and to what extent these traditional sources are being supplanted by newer sources in the international sphere. In this regard it would be pertinent to examine the role played by the resolutions of diplomatic assemblies, particularly those of the United Nations, and by the works of the International Law Commission in the cod if ic at ion of international law.