Assertion (A): Article 38(1)(c) of the statute of the International Court of Justice recognizes the…
Art. 38(1)(c) lets the Court apply general principles common to municipal systems, giving it a creative function, and the reason states exactly this freedom to go beyond…
Choose your answer
Assertion (A): Article 38(1)(c) of the statute of the International Court of Justice recognizes the creative functions of the Court.
Reason (R): It empowers the court to go outside treaties and international custom and confers on it a wide freedom of choice to draw up principles common to various systems of Municipal Law.
Answer and explanation
Correct answer A
Art. 38(1)(c) lets the Court apply general principles common to municipal systems, giving it a creative function, and the reason states exactly this freedom to go beyond treaties and custom, so "Both A and R are true and R is the correct explanation of A".
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