Jurisprudence of Equality Program - PART - USAID

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Slide 5 And as ye would that men should do to you, do ye also to them likewise. Luke 6:31, New Testament Slide 6 Article 1 International Association of Women Judges C.3.5 All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.
International Association of Women Judges C.3.6 Session on the Sources of International Law In this session, we are going to talk about the sources of international law. The generally accepted definition of the sources comes from the Statute of the International Court of Justice. The International Court of Justice (“ICJ”) is the principal judicial organ of the United Nations. 1 Its founding Statute sets out the sources of international law, in Article 38: Statute of the International Court of Justice Article 38 1. The Court, whose function is to decide in accordance with international law such disputes as are submitted to it, shall apply: a. international conventions, whether general or particular, establishing rules expressly recognized by the contesting states; b. international custom, as evidence of a general practice accepted as law; c. the general principles of law recognized by civilized nations; d. subject to the provisions of Article 59 2 , judicial decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law. Jordan has ratified several international conventions pertaining to human rights, including the International Covenant on Civil and Political Rights (“the ICCPR”), the International Covenant on Economic, Social and Cultural Rights (“the ICESC”) and the Convention on the Elimination of All Forms of Discrimination Against Women (“CEDAW”). Jordan ratified the two covenants in 1975, and the CEDAW in 1992. Copies of all three are in the appendix. The words “convention,” “covenant” and “treaty” can be used interchangeably. The law of treaties is itself governed by an international treaty, the 1969 Vienna Convention on the Law of Treaties. Article 1 of the Vienna Convention defines a treaty simply as “an international agreement concluded between States in written form and governed by international law.” “International custom” is also a source of law. As can be seen from Article 38 of the ICJ statute, custom comes in as “evidence of a general practice accepted as law.” (emphasis added) The third and fourth paragraphs of Article 38 specify other types of evidence of the existence of international law – the general principles of law recognized by civilized nations, and judicial precedents and scholarly opinions “as subsidiary means for the determination of rules of law”. (emphasis added) 1 The ICJ website is http://www.icj-cij.org/icjwww/icjhome.htm The ICJ has jurisdiction over contentious cases between States, and can also issue advisory opinions when asked to by designated United Nations bodies. It is not the same as the new International Criminal Court (“ICC”), which was set up by the Rome Statute and given jurisdiction over “the most serious crimes of concern to the international community as a whole” (Rome Statute Article 5). The Rome Statute can be found on the ICC website at http://www.un.org/law/icc/statute/english/rome_statute(e).pdf 2 Article 59: The decision of the Court has no binding force except between the parties and in respect of that particular case.
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Jurisprudence of Equality Program - PART - USAID

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