Sources of international Law : Explain

Introduction:

Major sources which form the conventional source of International law includes the International Convention and Treaties. Sources of International Law can be bifurcated into primary and secondary sources which are explained below.

Primary Sources

Primary Sources of International Law are considered formal in nature. They come from official bodies which include Treaties, Customs and principle of Law. Article 38(1)(a-c) of the ICJ statute is widely recognized as the backbone of the formal source of International Law. It is generally regarded as an authoritative statement of the sources of international law. Article 38 of the Statute of the International Court of Justice in The Hague has been treated as a convenient catalogue of international legal sources.

Article 38 of the ICJ statute:

Article 38(1)(a-c) of the ICJ was adopted by the same provision of the statute of the Permanent Court of International Justice which operated under the auspices/support of Legal of Nations in 1920. The article refers to the primary sources of international law which are enumerated below:

Custom as a Source of International Law

The original and the oldest sources Law is known as Custom. The rules of customary International Law involved a long historical process which gained recognition by the entire community. The presence of customary rules can be deduced from state practice and behaviour because it is not a written source of law

Convention as a source of International Law

Treaties and conventions are one of the most important sources of Internationa Law. These conventions can be multilateral or bilateral. Multilateral conventions relate to the treaties which formulate the universal or general application of the law. On the other hand, bilateral conventions are those which is formed exclusively by two states to deal with a particular matter concerning these states.

General Principle of International Law

Most modern jurists accept general principles of law as common to all national legal systems, in so far as they are applicable to the relations of States. There are fewer decided cases in international law than in a municipal system and no method of legislating to provide rules to govern new situations. It is for such a reason that the provision of ‘the general principles of law recognized by civilized nations’ and was inserted into article 38 as a source of law.

Secondary source (Evidence of International law)

Article 38(1)(d) forms part of the material source of International Law also known as the secondary source. It states that judicial decisions and the teachings of the most highly qualified publicists of the various nations also help in guiding the formation of international law, however they are not binding but merely advisory in nature.

Judicial Decision

Under this, the court is authorised to apply previous decisions of the court which are also known as an evidence of international law, however, it is subject to the exception stated under Article 59 of the statute which states that the previous decision of the court can only guide the court, it is not binding on the court. This article provides the court with a rule that it is not to be bounded by precedents but recourse can still be made by the court to its past decision’s res judicata and advisory opinion to substantiate current case as authoritative evidence of legal position.

Juristic writings and teachings

Other major parts of this source also include the ‘teachings of the highly qualified writers such as Gentili, Grotius, and Vattel who were considered as the supreme authorities of the international law in the 16th to 18th Centuries.

Textbooks are used as a method of discovering what the law is on any particular point rather than as the source of actual rules, and the writings of even the most respected international lawyers cannot create law. These are considered as an evidentiary source of law as they provide an explanation and understanding of the International principles. They carry an essential value because they provide to fill the grey areas of International Law where treaties or customs do not exist.


Read also: Sources of Hindu Law in Family Law: Ancient Texts, Customs etc

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NUJS National Disability Law Moot 2025 – India’s 1st Moot on Disability Rights

NUJS National Disability Law Moot 2025 – A Historic Step Toward Inclusive Legal Advocacy

The NUJS National Disability Law Moot 2025 is India’s first national-level moot court competition dedicated solely to the legal rights of persons with disabilities (PwDs). Organized by the prestigious West Bengal National University of Juridical Sciences (WBNUJS), Kolkata, this competition sets a new precedent in legal education by focusing exclusively on disability law.

With a history of hosting top-tier events such as the NUJS-HSF Moot, ADR Mediation Competition, and Para-Invicta, NUJS continues its tradition of promoting inclusivity and justice with this pioneering initiative.

What Is the NUJS National Disability Law Moot 2025 About?

This moot is designed to:

  • Encourage legal scholarship in disability law
  • Highlight critical themes like workplace discrimination, inclusive education, and accessibility
  • Create a national platform for future legal professionals to explore and argue real-world issues under the Rights of Persons with Disabilities Act, 2016

The competition includes:

  • Memorial Qualification Round
  • Offline Oral Rounds at the WBNUJS campus in Kolkata
  • Researcher’s Test for qualifying teams

Key Dates and Deadlines

EventDate
Registration OpensMay 30, 2025
Clarification DeadlineJune 25, 2025
Registration ClosesJune 30, 2025
Memorial SubmissionJuly 12, 2025
Oral Round ShortlistJuly 21, 2025
Oral Rounds at WBNUJSAugust 21–24, 2025

Eligibility & Team Composition

  • Open to undergraduate law students in any Indian university
  • 2 to 3 members per team
  • Cross-college teams allowed
  • No cap on the number of teams per institution
  • Postgraduate students are not eligible

Awards & Recognition

The NUJS National Disability Law Moot 2025 offers extensive awards, including:

  • Winning, Runners-Up & Second Runners-Up Teams
  • Best Advocate (Prelims and Overall)
  • Best Memorials (Petitioner & Respondent)
  • Best Researcher & Runner-Up
  • Certificates for Semi- and Quarter-Finalists
  • Participation certificates for all teams

Registration Fees & Optional Accommodation

  • Memo Round Fee: ₹2,500/team
    • ₹2,100 for teams with at least one PwD participant
  • Oral Round Fee (for shortlisted teams): ₹2,000
  • Accommodation (optional): ₹5,500/team (August 21–24)

Payment Details:

  • Account Name: Student Juridical Association
  • Account No: 520101246976299
  • IFSC Code: UBIN0906638
  • Bank: Union Bank, NUJS Branch, Salt Lake, Kolkata

Registration Process

  1. Fill the official Google Form: https://forms.gle/sZHKXriWTy4EEfGL8
  2. Email the following to nationaldisabilitymoot@nujs.edu:
    • Names, Years, and Institutions of team members
    • College ID Cards
    • Payment screenshot

Contact Details

  • Email: nationaldisabilitymoot@nujs.edu
  • Chair: Kinjal Das – +91 75959 65675
  • Deputy Chairs:
    • Anushka Maji – +91 86174 78308
    • Saarthak Samadder – +91 94330 48880
  • Board of Directors:
    • Ritika Amlajiya – +91 80943 45186
    • Shubhankar Singha – +91 96797 30493

Final Words

The NUJS National Disability Law Moot 2025 is not just another moot—it’s a platform for change. By promoting awareness of the challenges faced by PwDs through legal debate, WBNUJS is nurturing future lawyers who will lead the way in accessibility and justice.

Don’t miss this opportunity to be part of history. Register today and join us in Kolkata for a groundbreaking legal experience.


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All contracts are agreements but all agreements are not contract ?

Introduction:

According to section 2(h) of The Indian Contract Act 1872 “An agreement
enforceable by law is a contract”. It means those agreements are enforceable
by law they are contracts others not. For example, an agreement to sell a bike
may be a contract, but an agreement to go to the movie may be a mere
agreement not enforceable by law. To go to a movie is a social agreement and
social agreements are not enforceable by law.

What is an agreement?

According to section 2(e) of The Indian Contract Act 1872 “Every promise and
every set of promises, forming the consideration for each other, is an
agreement”. We can understand this definition by an example, A promises to
deliver his book to B, and in return, B promises to pay 1,000 to A. There is said
to be an agreement between A and B.

All contracts are agreement

  • We know that when an agreement enforceable by law is a contract. A contract
    is an agreement that is enforceable by law. It is an agreement or set of
    promises giving rise to obligations that can be enforced or are recognized by
    law. In order to become an agreement into a contract, it has to satisfy all the
    essentials of a valid contract as mentioned in section 10 of the Indian Contract
    Act 1872.
  • Section 10 of this act says, “All agreements are contracts if they are made by
    the free consent of parties competent to contract, for a lawful consideration
    and with a lawful object, and are not hereby expressly declared to be void”.

The essentials of a valid contract:

  1. There must be two parties.
  2. The agreement should be between the parties who are competent to
    contract.
  3. There should be a lawful consideration.
  4. The object of the agreement must be lawful.
  5. There should be free consent between the parties.
  6. The agreement must not be one that has been expressly declared to
    be void.

All agreements are not contracts

  • An agreement is a set of promises. Section 2(e) of The Indian Contract Act
    1872 says, “Every promise and every set of promises, forming the
    consideration for each other, is an agreement”. In an agreement, there is a
    promise between both parties. For example, A promises to deliver his book
    to B, and in return of B promises to pay Rs. 1,000 to A. there is said to be an
    agreement between A and B. After acceptance of the offer/proposal it
    becomes a promise, promise is the result of offer acceptance.
  • Thus, when there is a proposal/offer from the proposer and the acceptance of
    that proposal by the propose it results in a promise. Promise and reciprocal
    promise from promisor and promisee form an agreement.
  • Hence, we can conclude only commercial agreements where parties are
    intending to shoulder responsibility upon each other and when they are
    entering into an agreement keeping in mind that in case of breach of
    agreement terms by one of the parties, the aggrieved party may go to court
    against the party who breaches the terms and compel him by the process of
    law to pay compensation as decided.

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