Which of the following statement(s) is/are not correct ?
(a) Decisions or determinations of the organs of International Institution does not find mention in Article-38 of the Statute of the International Court of Justice.
(b) West Rand Central Gold Mining Company Ltd. V. R is related to general principles of law recognised by civilized states.
(c) Frontier Dispute (Barkina Faso Vs Mali) is a case related to International customs as a source of law.
(d) The importance of the works of the jurists has been stressed by Justice Gray in Barcelona Traction Case.
Analysis of Statements on Sources of International Law
This question requires evaluating the accuracy of statements concerning Article 38 of the ICJ Statute and landmark international law cases.
Statement (a): Decisions of International Institutions
Article 38(1) of the ICJ Statute outlines the sources of international law. While it mentions 'judicial decisions' (Article 38(1)(d)), it does not directly list 'decisions or determinations of the organs of International Institution' (referring to non-judicial bodies like UN organs) as primary sources. Therefore, statement (a) is correct.
Statement (b): West Rand Case and General Principles of Law
The West Rand Central Gold Mining Company Ltd. v. R case (1905) dealt with state immunity and territory acquisition. It is not primarily cited as a case illustrating 'general principles of law recognised by civilized states' (Article 38(1)(c)). Thus, statement (b) is incorrect.
Statement (c): Frontier Dispute Case and International Customs
The Frontier Dispute (Burkina Faso v. Mali) case (1986) focused on uti possidetis juris, treaty interpretation, and colonial maps for boundary delimitation. While uti possidetis has aspects of customary law, the case's main contribution was not establishing international customs as a source of law itself. Therefore, statement (c) is incorrect.
Statement (d): Barcelona Traction Case and Jurists' Works
The statement erroneously names 'Justice Gray' in relation to the Barcelona Traction, Light and Power Company, Limited case (Belgium v. Spain, 1970). No Justice Gray was part of the Court for this case. While jurists' works are mentioned as a subsidiary means (Article 38(1)(d)), the factual assertion is incorrect. Hence, statement (d) is incorrect.
Conclusion: Incorrect Statements
Statements (b), (c), and (d) contain inaccuracies regarding the cited cases and their relation to the sources of international law or factual details.
- Statement (a) is correct.
- Statement (b) is incorrect.
- Statement (c) is incorrect.
- Statement (d) is incorrect.
Therefore, the statements that are not correct are (b), (c), and (d).
Important Questions from Public International Law
- Assertion (A) : Ratifying international conventions has impacted legislations, policies and programmes for women and children.
Reason (R) : Non-compliance with the article in the conventions leads to punitive measures against the transgressing state.
Select the most suitable option : - "The Law of nations is that collection of usages which civilized states have agreed to observe in their dealings with one another". This definition of International law is given by Lord Coleridge"-in :
- In which of the following cases it was held that "there is no distinction between defacto and dejure recognition for the purpose of giving effect to the international acts of the recognised authority"?
- Mention the following decisions in a chronological order on Extradition :
(a) Mubarak Ali Ahmed V State of Bombay
(b) Hans Muller of Nurremberg V Suptt. Presidency Jail Calcutta and Others
(c) Ram Babu Saxena V State
(d) State of Madras V C.G. Menon
Choose the correct option : - Given below are two statements – one is labelled as Assertion (A) and the other is labelled as Reason (R)
Assertion (A) : Subject to rules of Jus cogens local customary law can supplement or derogate from general custom
Reasons (R) : International law does not recognise the concept of local custom
In the light of the above two statements choose the correct option
