Which of the following statements is correct in the light of Article ...
International custom, as evidence of a general practice accepted as law; (c) the general principles of law recognized by civilized nations; (d) subject to the provisions of Article 59, judicial decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law.
View all questions of this test
Which of the following statements is correct in the light of Article ...
Explanation of Correct Answer:
Teaching of the most highly qualified publicists is a secondary source of international law:
- Article 38(a) of the Statute of the International Court of Justice lists the sources of international law that the Court may refer to when settling disputes between states.
- According to Article 38(a), the "teachings of the most highly qualified publicists of the various nations" are considered as a secondary source of international law.
- The term "publicists" refers to legal scholars and experts in the field of international law who have a recognized expertise and authority in interpreting and analyzing international legal principles.
- These teachings are not considered as binding sources of law like treaties or customary international law, but they are influential in shaping the development and interpretation of international legal norms.
Therefore, the correct statement is that the teaching of the most highly qualified publicists is a secondary source of international law, as per Article 38(a) of the Statute of the International Court of Justice.
To make sure you are not studying endlessly, EduRev has designed CLAT study material, with Structured Courses, Videos, & Test Series. Plus get personalized analysis, doubt solving and improvement plans to achieve a great score in CLAT.