A Revision of Article 38(1) of the Statute of the International Court of Justice?

Article 38(1) of the Statute of the International Court of Justice (‘ICJ Statute’) lists the traditional “formal sources” of public international law, which the International Court of Justice (‘ICJ’) ‘is bound to have regard to.’ However, reading Article 38(1) literally, the Article does not mention the word “source” at all. Lex lata, the formal sources listed in Article 38(1) is not exhaustive, and does not reflect the legal realities of contemporary international law. With the ‘evolving nature’ of international law, the legal lacunas in Article 38(1) are more pronounced. There is a ‘brave new world of international law’ where other “material sources” (or “soft law”) ought to be considered.