Lakhasly

Section Three: Subsidiary Sources and Other Sources of Public International Law This section addresses subsidiary sources (I) and other sources of public international law (II).I. Subsidiary Sources Paragraph (d) of Article 38 of the Statute of the International Court of Justice states: "Judicial decisions and the teachings of the most highly qualified publicists of international law in various nations. This or that is considered a subsidiary source of law, subject to the provisions of Article 59."A. Judicial Decisions International jurisprudence does not create new legal rules; its role is to apply existing legal rules to the disputes presented before it. The body of international court decisions is not considered a primary source of international law; however, it can be used as a reference to understand existing and applied international legal rules or to interpret ambiguities.

Section Three: Subsidiary Sources and Other Sources
of Public International Law
This section addresses subsidiary sources (I) and other sources of public international
law (II).
I. Subsidiary Sources
Paragraph (d) of Article 38 of the Statute of the International Court of Justice states:
"Judicial decisions and the teachings of the most highly qualified publicists of
international law in various nations. This or that is considered a subsidiary source of
law, subject to the provisions of Article 59." Additionally, principles of justice and
equity as subsidiary sources of international law are mentioned in Article 38(2) of the
same statute. This section will examine subsidiary sources of international law by
discussing judicial decisions (A), international scholarship (B), and principles of
justice and equity (C).
A. Judicial Decisions
International jurisprudence does not create new legal rules; its role is to apply existing
legal rules to the disputes presented before it. The body of international court
decisions is not considered a primary source of international law; however, it can be
used as a reference to understand existing and applied international legal rules or to
interpret ambiguities. Judges may resort to this source only when it is difficult to
resolve a dispute through treaties, customary law, or general principles of law.
B. International Scholarship
International scholarship consists of research and studies conducted by competent
scholars who have explained, interpreted, and highlighted customary international law.
This contributes to revealing many legal rules that international judges can refer to for
interpretation and application when they cannot find a governing text in treaties,
customary law, or general principles of law.
C. Principles of Justice and Equity
The principles of justice and equity as a subsidiary source of international law are
specified in Article 38(2) of the Statute of the International Court of Justice: