You are on page 1of 1

Article 38, ICJ STATUTE

1. The Court, whose function is to decide in accordance with international law such disputes as are submitted to it,
shall apply:

a) international conventions, whether general or particular, establishing rules expressly recognized by the
contesting states;

b) international custom, as evidence of a general practice accepted as law;

c) the general principles of law recognized by civilized nations;

d) 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.

2. This provision shall not prejudice the power of the Court to decide a case ex aequo et bono, if the parties agree
thereto.

ARTICLE 58, 1969 VIENNA CONVENTION ON TREATIES

Suspension of the operation of a multilateral treaty by agreement between certain of the parties only

1. Two or more parties to a multilateral treaty may conclude an agreement to suspend the operation of provisions of
the treaty, temporarily and as between themselves alone, if:

(a) the possibility of such a suspension is provided for by the treaty; or (b) the suspension in question is not prohibited
by the treaty and: (i) does not affect the enjoyment by the other parties of their rights under the treaty or the
performance of their obligations; (ii) is not incompatible with the object and purpose of the treaty.

2. Unless in a case falling under paragraph 1(a) the treaty otherwise provides, the parties in question shall notify the
other parties of their intention to conclude the agreement and of those provisions of the treaty the operation of which
they intend to suspend.

You might also like