Article 38, paragraph 1 (a), of the Statute makes the Convention one of the official sources of international law. It stipulates that, when deciding a case, the court shall apply general or specific international treaties expressly recognized by the Party. It is a binding written agreement between two or more parties that establishes mutual rights and obligations. Thus, a treaty or convention is contractual in nature. They are also known as pacts, agreements, pacts, charters and memorandums of understanding. The principle of res judicata is enshrined in both domestic and international law. It is a Latin maxim that means „one thing has been decided” or „the case has been judged”. From a legal point of view, once a case has been finally decided by the court, it is considered conclusive and the established fact of the case cannot be challenged again by either party before the higher courts. This doctrine was applied by the ICJ in the Chorzow-Fabrik case, in which a Polish appeal to reopen the question of fact was dismissed by the Court on the basis of res judicata.

In the case of asylum, the ICJ recognized the need for uniform and uniform customs. This is interpreted from Article 38(1)(b), which refers to international practice „as evidence of general practice recognized as law”. The list of sources in Article 38 of the Statute is often criticised as incomplete. In particular, there is no mention of the actions of the various organs of the United Nations. Today, there can be no doubt about the importance of these instruments in shaping international law, although they may fit better into the article 38 system than is sometimes thought. The „source of law” can be defined as facts or events leading to the creation, modification and repeal of valid legal norms. [4] With regard to international law, they can be described as „the categories of rules of international law considered valid and binding”. [5] You define the rules of the system; New rules are accepted within the framework of international law if they are confirmed by one or more sources of international law.

[6] In simpler terms, it is a certain method of determining what the law is. [7] The concept of justice has been mentioned in several cases. In the Rann of Kutch arbitration between India and Pakistan in 1968, the tribunal agreed that fairness was part of international law and that the parties could therefore rely on these principles to present their arguments. (b) customary international law derived from State practice; The validity of treaties or conventions is based on the maxim Pacta Sunt Servanda, which means that promises made once made must be kept. This is one of the oldest principles of international law. A contract is not valid if it is not performed in good faith. The signatories to the Agreement act in good faith in the absence of any provision. This is an essential principle of any convention, without which the treaty is void.

It is also enshrined in Article 2, paragraph 2, of the Charter of the United Nations. This doctrine is also contained in the General Principles of International Law. However, this is not an absolute principle and there are some exceptions to this rule. This principle is not binding on the State of an existing State which is party to the Treaty. This is an exception to the Rebus Sic Stantibus rule, which is explained in detail in the next section of the article. Primary sources of international law are considered to be formal in nature. They come from official bodies, which include treaties, customs and legal principles. Article 38(1)(a) to (c) of the ICJ Statute is widely recognized as the backbone of the formal source of international law. It is generally regarded as an authoritative statement on the sources of international law. Article 38 of the Statute of the International Court of Justice at The Hague has been treated as a practical catalogue of international sources of law. Customary law is considered one of the oldest sources of international law.

Before the emergence of treaties, customs was the sole source of international law. In fact, various conventions are the product of customs that have evolved with the changing needs of society. International practice is summarized in Article 38(1)(b) of the Statute of the International Court of Justice. It is considered to be the general practice recognized by law. However, it is difficult to prove the existence of an international custom in a court of law. That is why the importance of customs has diminished over time and why UN treaties and charters have replaced it. There are „sources” from which the rules of international law can be extracted and analyzed. According to Lawrence, if we take the source of law, which has all the authority necessary to make it binding, then there is a source of law in relation to international law, and that is the consent of nations.