Question

Under the Statute of International Court of Justice, the statement, “subject to the provisions of Article 59, 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.” – is found under

• A. Article 28
• B. Article 38
• C. Article 36
• D. Article 17

Answer 1

The Correct Option is B

In the Statute of the International Court of Justice, Article 38 is integral in defining the sources of international law that the Court uses to make its decisions. Specifically, it mentions judicial decisions and the teachings of highly qualified publicists as subsidiary means for the determination of rules of law, subject to Article 59's provisions.

Article 38 outlines the Court's primary sources as:

1. International conventions, whether general or particular, establishing rules expressly recognized by the contesting states.
2. International custom, as evidence of a general practice accepted as law.
3. The general principles of law recognized by civilized nations.
4. Judicial decisions and the teachings of the most highly qualified publicists of the various nations, as a subsidiary means for the determination of rules of law, subject to the provisions of Article 59.

Therefore, the correct answer to the question is Article 38.