Chapter 2 (Source of PIL) Notes of Public International Law
Chapter 2 Sources of PIL a. Meaning of Source Meaning of Sources in Public International Law Definition of Sources The term "sources" of Public International Law (PIL) refers to the origins from which international legal rules derive their authority and validity. Malcolm N. Shaw defines a source of PIL as fulfilling two key requirements: Legitimacy – It must be recognized by a legitimate authority. Due Process – It must be established through an accepted law-making process. Andrea Bianchi also refers to "sources of PIL" as "international law-making processes," highlighting the procedural aspect of law creation. Sources vs. Evidence of PIL Sources of PIL : These are the origins of legal rules (e.g., treaties, customs). Evidence of PIL : These are materials that help determine the existence of a legal rule (e.g., judicial decisions, scholarly writings). Primary ...