Journal Details

Enforcement of International Customs on Exportation of Foreign and the Plight of Developing Countries

 300.00

Enforcement of International Customs on Exportation of Foreign and the Plight of Developing Countries

Abstract

INTRODUCTION
Article 38 (1) of the Statute of the International Court of Justice provides a list of the sources of
international law as follows:

1. International conventions, whether general or particular, establishing rules expressly recognized by the contesting states;
2. International custom, as evidence of a general practice accepted as law;
3. General Principles of Law recognized by civilized nations;
4. Judicial decision and the teaching of the most highly qualified publicists of the various nations,
as subsidiary means of determination of law.1

In the same way, Clause 2 of the Article provides for the settlement of disputes ex aequoet bono which means ‘in keeping with equity and good conscience’ as a subsidiary sources of international law.2

In terms of its actual use, the Article has been a ready guide for practitioners in the determination of the sources of international law, to gauge the pulse of the law.3 A part from international custom, it has been stated that peremptory norms of international law are accepted and recognized by the international community as a whole and there can be no derogation whatsoever from them.4 The fact that peremptory norms are prevalent in customary rules means that developing countries are also expected to be bound by them even when they have not consented to those norms. However, the foundation stone of international law is the protection of sovereignty and the equality of states. Hence, it has been postulated that economic sovereignty is tied to economic emancipation.5

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