The Judgment: the Reasons in Point of Law: Statute Article 38
(4,400 words)

paragraph 375 in volume 3, chapter 27, The Decision

previous paragraph

Article 38, paragraph 1, of the Statute provides:

1.
The Court, whose function is to decide in accordance with international law such disputes as are submitted to it, shall apply:

a.
international conventions, whether general or particular, establishing rules expressly recognized by the contesting States;
b.
international custom, as evidence of a general practice accepted as law;the general principles of law recognized by civilized nations;
c.
subject to the provisions of Article 59 [see § III.385 below], judi…

Cite this page
Malcolm N. Shaw, “The Judgment: the Reasons in Point of Law: Statute Article 38”, in: Rosenne's Law and Practice of the International Court: 1920-2015. Consulted online on 24 June 2017 <http://dx.doi.org/10.1163/2468-5992_rose_COM_0375>
First published online: 2017
First print edition: 20161001



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