This guide provides an overview of resources available for the study of international law. See tabs above for more information.
For information related to law resources and the Law Library generally generally, rather than from an international law perspective, please see the Law subject guide.
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2015 International Arbitration Lecture:
25 November 2015
Hilary Heilbron QC will explore the extent to which unpredictability is inevitable in the process of international commercial arbitration; examine the causes of such unpredictability; enquire why this is a price parties are prepared to pay for a bespoke form of dispute resolution; and consider whether there are ways in which such unpredictability can be addressed or minimised.
26 November 2015
The 43rd AFIA International Arbitration Symposium hosted by the Centre for Asian and Pacific Law at the University of Sydney (CAPLUS) at the Australian Disputes Centre will feature guest speaker Datuk Sundra Rajoo, Director of the Kuala Lumpur Regional Centre for Arbitration (KLRCA).
2 December 2015
The seminar will consider new concepts of data privacy rules that have been developed by Professor Zankl and the Ecenter on a commercial risk basis (thus concerning contractual relations between companies and customers) considering American, European and International (OECD) Standards.
About the Speaker
Professor Wolfgang Zankl is a professor at the departments of Private Law and Comparative Law at the University of Vienna, former Dean of the Law School at the Private University of Liechtenstein and founder/director of the European Center for Ecommerce and Internet Law (www.e-center.eu).
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What is International Law?
Unlike domestic law, no single code exists to determine international law. Article 38(1) of the Statute of the International Court of Justice identifies the major sources of international law and two subsidiary sources, directing courts to apply:
1) International Conventions (treaties), whether general or particular, establishing rules expressly recognised by the contesting states. See Treaties tab for further information.
2) International Customs as evidence of a general practice accepted as law. Customary law has evolved from the practice of states and is dependent upon factors such as consistency of practice, generality of practice, and duration of practice. Further, customary law is not formed simply by consistent state practice - state practice must be undertaken in the belief that the practice is an obligation, rather than merely habitual.
(Source: Martin Dixon, Textbook on International Law, 7th ed.2013 pp. 32-36)
3) The general principles of law recognised by civilised nations.The invocation of 'general principles' tends to occur where there are no settled customs or treaties to fall back on to consider the international legal question at hand. General principles can be cited where they are recognised by domestic legal systems around the world, or where they can be taken directly from international legal relations, and legal relations generally.
(Source: Gideon Boas, Public International Law: Contemporary Principles and Perspectives, 2012 pp. 105-107)
4) Judicial decisions - see Courts, Tribunals and Case Law tab for further information. Considered a subsidiary source of international law.
5) The teachings of the most highly qualified publicists - Considered a subsidiary source of international law and carrying less persuasive weight than the decisions of interntational courts, Article 38(1)(d) allows the ICJ to seek clarification of international law questions through reference to the work of the "most highly qualified publicicsts". As there are limited opportunities to examine specific international court decisions, commentators have carefully examined and analysed such decisions in texts and journal articles and this is useful in the formulation of international law. Although this may play a lesser role than previously, "...Juristic writers continue to influence the formation of international law by distilling the evidence, subjecting it to critical analysis and articulating the principles."
Source: Gillian Triggs, International Law: Contemporary Principles and Practices, 2nd ed., 2011, p. 76