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Sumber Hukum Internasional

Sumber Hukum Internasional. Heru Susetyo , SH. LL.M. M.Si . Rebbeca M. Wallace, International Law (Sweet and Maxwell, 1997). Pasal 38 Statute of International Court of Justice. Sumber hukum internasional : International conventions International customary law General principles of law

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Sumber Hukum Internasional

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  1. SumberHukumInternasional HeruSusetyo, SH. LL.M. M.Si. Rebbeca M. Wallace, International Law (Sweet and Maxwell, 1997)

  2. Pasal 38 Statute of International Court of Justice Sumberhukuminternasional : • International conventions • International customary law • General principles of law • Judicial decisions and teaching of the most highly qualified publicist of the various nations

  3. International Customary Law • Custom = is a practice followed by those concerned because they feel legally obliged to behave in such a way. • A rule of customary international law derives its law hallmark through the possesion of two elements : 1. material and 2. psychological element • Opiniojurisand state practice; both are complementary in the creation of customary international law.

  4. Material & psychological element • Material >Refers to he behavior and practice of states (state practice) • Psychological > subjective conviction held by states that the behaviour in question is compulsory and not discretionary.

  5. SumberHukum yang Lain • Acts of international organization • Regional organization • The International Law Commission • Jus cogens

  6. Jus Cogens • Technical term given to those norms of general international law which are of a peremptory force and from which, as a consequence, no derogation may be made, except by another norm of equal weight. • Peremptory norm of general international law is accepted and recognized by the international community of States as whole. • Jus cogens is the label for what are essentially the public policy rules of international legal system.

  7. Contoh Jus Cogens • The prohibition of genocide and torture • The realisation of the principle of self determination

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