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I. | Substantive International Law - First Part |
2. | SOURCES OF INTERNATIONAL LAW |
2.1. | General Questions |
2.1.1. | Formation of Rules of International Law |
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Legality of the Threat or Use
of Nuclear Weapons
Advisory Opinion of 8 July 1996
I.C.J. Reports 1996, p. 226
[p. 291 S.O. Guillaume] In operative paragraph 2 E the Court decided
in fact that it could not in those extreme circumstances conclude definitively
whether the threat or use of nuclear weapons would be lawful or unlawful. In
other words, it concluded that in such circumstances the law provided no guide
for States. But if the law is silent in this case, States remain free to act as
they intend.
10. International law rests on the principle of the sovereignty of States
and thus originates from their consent. In other words, in the excellent
language of the Permanent Court, "international law governs relations
between independent States. The rules of law binding upon States therefore
emanate from their own free will." ("Lotus", Judgment No. 9,
1927, P.C.I.J., Series A, No. 10, p. 18.)