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ACCA Applied Skills · Corporate and Business Law (Global) · International trade, international legal regulation and conflict of laws

Which of the following is the usual role of judicial decisions and academic writings in the sources of international law?

Judicial decisions and academic writings are subsidiary means of determining the rules of international law. They help identify what the law is but rank below treaties, custom and general principles, and they do not create binding precedent for all states.

  1. AThey are subsidiary means for determining what the rules of international law areCorrect
  2. BThey are the primary source, ranking above treaties and custom
  3. CThey create binding precedent that every state must follow in later disputes

Explanation

Judicial decisions and the teachings of leading writers are treated as subsidiary means of identifying the law, not primary sources. Treaties, custom and general principles are the main sources. International decisions also do not operate as binding precedent on all states.

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