Article 31: Applicable Law
- Paragraph 1
In carrying out its functions, the Court shall have regard to:
- Point a
The Constitutive Act;
- Point b
International treaties, whether general or particular, ratified by the contesting States;
- Point c
International custom, as evidence of a general practice accepted as law;
- Point d
The general principles of law recognized universally or by African States;
- Point e
Subject to the provisions of paragraph 1, of Article 46 of the present Statute, judicial decisions and writings of the most highly qualified publicists of various nations s well as the regulations, directives and decisions of the Union, as subsidiary means for the determination of the rules of law;
- Point f
Any other law relevant to the determination of the case.
- Paragraph 2
This Article shall not prejudice the power of the Court to decide a case ex aequo et bono, if the parties agree thereto.
Perform a full-text search within2008_AfCJHR_STATcases.