HOW "SUBSIDIARY" IS THE ICJ ARTICLE 38(1)(D) ON THE SOURCES OF INTERNATIONAL LAW FOR DEVELOPING COUNTRIES?

Abstract

NORMS, PROCEDURAL AND SUBSTANTIVE, ARE THE BUILDING BLOCKS OF ANY LAW. INTERNATIONAL LAW IS NO EXCEPTION. THE THESIS ARGUES THAT?CONTRARY TO THE USUAL ASSUMPTION?SUBSIDIARY SOURCES HAVE BY THE PROCESS OF COLONIAL NORM ENTREPRENEURIALISM IDENTIFIED AND DEVELOPED PRIMARY SOURCES OF INTERNATIONAL LAW. THE THESIS DISCURSIVELY BRINGS TO THE FORE NORM ENTREPRENEURIALISM?S COLONIAL ONTOLOGY AND THE VARIOUS POSSIBLE MOTIVATIONS ANIMATING THE PROJECT OF INTERNATIONAL LAW AND ITS SOURCES. THE TWO COMPONENTS OF THE SUBSIDIARY SOURCES, "JUDICIAL DECISIONS" AND "TEACHINGS OF THE PUBLICISTS OF THE VARIOUS NATIONS" RESPECTIVELY, FOR THE THESIS, ARE THE NORMS AND ACTORS THAT BY CONDUCTING JURIDICAL LAWGIVING YIELDED PRIMARY SOURCES OF INTERNATIONAL LAW SUITABLE TO CERTAIN CLASSES WITHIN THE SO-CALLED CIVILISED NATIONS.