22 The essence of law and the nature of international law
b) The law as a systematised body of norms
norm rules and principles legal right sources of law hierarchy of sources complex arrangement of international law key imperative of the legal dimension
Prescription Every norm prescribes a rule of conduct (action). Therefore, the norm is a founder of the standards accordingly either of right and wrong (e.g. rules of the game), good and evil (moral) or lawful and unlawful (law).
Ordinary rules or principles Legal norms appear in the form of either ordinary rules or principles.54 Both legal rules and legal principles are legal norms because they both suggest what ought to be in legal terms. Nevertheless, there is a difference between legal rules and principles: •
•
In the case of legal principle, a norm has a general nature and represents a generalised standard (perspective) for an undetermined number of cases that imply the application of the general norm. In addition, a legal principle also provides guidance for the interpretation or application of a legal rule. On the other hand, in respect of legal rule, the norm of conduct is applicable only in well-predetermined circumstances and refers to only particular legal relationships (case).
Legal right There is no legal right without the law. The legal norms determine rights and obligations. Every right includes the obligation (of another person/persons) in itself.
54 In international law, this distinction has become conventional. The formulation ‘rules and principles of international law’ is emphasised in many international documents and in the approaches of the International Court of Justice as well. See the Court’s Advisory Opinion on Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory of 9 July 2004 (ICJ Reports 2004, 136), for example, Paragraph 114. All ICJ cases are available at <www.icj-cij.org/en/list-of-all-cases>.
