Abstract:

It is a debate between the sources of international law whether there is hierarchy or not, starting from the preparation work of the Statute of the International Permanent Court of Justice to the present day. In the first instance of the Statute, international legal sources were defined as international agreements, the general principles of law and law, and the disputes before the Court were arranged to be resolved according to international law, respectively, according to these sources. However, the statement was later removed. With this explanation, the hierarchy problem has arisen. If the Divan has a rule on the subject in all three sources in the dispute before it, which one will be applied first? There was no clear and clear answer to this question in the doctrine. However, there is a general agreement that the rules of the agreement and the teamul law are superior to the general principles of law. If there is a rule in both the law of agreement and the law of teamul on the same subject, the question is more complex which the Court will apply first. For this reason, the study will first try to reach an opinion by assessing the provisions of the Vienna Treaties Law Convention on the nature of these sources and the decisions of the Divan on the subject.

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