Subsidiary Sources of International Law: Is It Only as Law Determining?

Abstract

The sources of international law are divided into two categories which are the primary sources and subsidiary sources. Primary sources are considered as the law-making while subsidiary sources considered only as law determining. This paper discusses how far the role of subsidiary sources in international law. This research used literature research which the writer used journals, cases and documents related to the research. This research finds out that it is true that subsidiary sources act as law-determining but both judicial decisions and writing of the publicists assist the creation of international customary law. Specific for judicial decisions in some cases also ca be considered as law-making.