Rethinking the Sources of International Law
Author: Godefridus J. H. Hoof
Publisher: Brill Archive
Published: 1983-01-01
Total Pages: 342
ISBN-13: 9789065440853
DOWNLOAD EBOOKDeals with the concept of sources of international law.
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Author: Godefridus J. H. Hoof
Publisher: Brill Archive
Published: 1983-01-01
Total Pages: 342
ISBN-13: 9789065440853
DOWNLOAD EBOOKDeals with the concept of sources of international law.
Author: Clive Parry
Publisher: Manchester University Press
Published: 1955
Total Pages: 140
ISBN-13:
DOWNLOAD EBOOKAuthor: Professor Charles Sampford
Publisher: Ashgate Publishing, Ltd.
Published: 2015-01-28
Total Pages: 361
ISBN-13: 1472426703
DOWNLOAD EBOOKThis collection considers how general principles of law and underlying theories of justice from political science and international relations make a significant contribution to our understanding of the constituent elements of global justice. The book explores justice arising in specific areas of international law, including international humanitarian law, and examines the significance of non-state actors for the development of international law. The lessons derived from this research have wide implications for both developed and emerging nation-states in rethinking sensitive issues of international law and justice.
Author: Hugh Thirlway
Publisher: Oxford University Press
Published: 2014-02
Total Pages: 262
ISBN-13: 0199685398
DOWNLOAD EBOOKBecause of its unique nature, the sources of international law are not always easy to identify and interpret. This book provides an ideal introduction to these sources for anyone needing to better understand where international law comes from. As well as looking at treaties and custom, the book will look at more modern and controversial sources.
Author: Martti Koskenniemi
Publisher: Routledge
Published: 2017-07-05
Total Pages: 600
ISBN-13: 1351548174
DOWNLOAD EBOOKA collection of essays on the various aspects of the legal sources of international law, including theories of the origin of international law, explanation of its binding force, normative hierarchies and the relation of international law and politics.
Author: Jean d'Aspremont
Publisher: Oxford University Press
Published: 2017-10-19
Total Pages: 1199
ISBN-13: 0191062553
DOWNLOAD EBOOKThe question of the sources of international law inevitably raises some well-known scholarly controversies: where do the rules of international law come from? And more precisely: through which processes are they made, how are they ascertained, and where does the international legal order begin and end? This is the static question of the pedigree of international legal rules and the boundaries of the international legal order. Second, what are the processes through which these rules are made? This is the dynamic question of the making of these rules and of the exercise of public authority in international law. The Oxford Handbook of the Sources of International Law is the very first comprehensive work of its kind devoted to the question of the sources of international law. It provides an accessible and systematic overview of the key issues and debates around the sources of international law. It also offers an authoritative theoretical guide for anyone studying or working within but also outside international law wishing to understand one of its most foundational questions. This Handbook features original essays by leading international law scholars and theorists from a range of traditions, nationalities and perspectives, reflecting the richness and diversity of scholarship in this area.
Author: Godefridus J. H. Hoof
Publisher:
Published: 1983
Total Pages: 0
ISBN-13:
DOWNLOAD EBOOKAuthor: Christoph Schreuer
Publisher: Emirates Center for Strategic Studies and Research
Published: 2000-07-18
Total Pages: 11
ISBN-13:
DOWNLOAD EBOOKInternational law is not derived from static sets of rules or mutually exclusive sources, but is the manifestation of a complex decision-making process in which different forms of legal authority interact. The cornerstone of international law is the consent of states. This may be explicit, as in the case of signed international treaties, or it may be implicit, as in the case of customary international law. Law-making through multilateral treaties is a protracted process involving consent, ratification and often reservations by state governments. The interpretation and application can be complex because of different language versions. Customary law, on the other hand, is difficult to prove conclusively. Increasingly, the decisions of courts, tribunals and international organizations, as well as scholarly writings are becoming non-traditional sources of international law and its interpretation. These traditional sources and tools with their shortcomings, are inadequate, especially in dealing with new areas that do not fit the traditional mold, such as human rights, international criminal law and international economic law, all of which transcend state barriers. International investment law, is one obvious field where legal principles such as 'sanctity of contract' conflicted with 'state sovereignty,' and alternative sources such as customary law and bilateral treaties were inconclusive and had to contend with socialist ideologies and nationalist decolonization doctrines. Obviously, fresh thinking and new legal techniques are necessary to meet the challenges.
Author: Hugh Thirlway
Publisher: Oxford University Press
Published: 2019-04-03
Total Pages: 272
ISBN-13: 0192578928
DOWNLOAD EBOOKThis new edition of Hugh Thirlway's authoritative text provides an introduction to one of the fundamental questions of the discipline: what is, and what is not, a source of international law. Traditionally, treaties between states and state practice were seen as the primary means with which to create international law. However, more recent developments have recognized customary international law, alongside international treaties and instruments, as a key foundation upon which international law is built. This book provides an insightful inquiry into all the recognized, or asserted, sources of international law. It investigates the impact of ethical principles on the creation of international law; whether 'soft law' norms come into being through the same sources as binding international law; and whether jus cogens norms, and those involving rights and obligations erga omnes have a unique place in the creation of international legal norms. It studies the notion of 'general principles of international law' within international law's sub-disciplines, and the evolving relationship between treaty-based law and customary international law. Re-examining the traditional model, it investigates the increasing role of international jurisprudence, and looks at the nature of international organisations and non-state actors as potential new sources of international law. This revised and updated book provides a perfect introduction to the law of sources, as well as innovative perspectives on new developments, making it essential reading for anyone studying or working in international law.
Author: Imogen Saunders
Publisher: Bloomsbury Publishing
Published: 2021-02-25
Total Pages: 304
ISBN-13: 1509936084
DOWNLOAD EBOOKThis book provides a comprehensive analysis of an often neglected, misunderstood and maligned source of international law. Article 38(1)(c) of the Statute of the International Court of Justice sets out that the Court will apply the 'general principles of law recognized by civilized nations'. This source is variously lauded and criticised: held up as a panacea to all international law woes or denied even normative validity. The contrasting views and treatments of General Principles stem from a lack of a model of the source itself. This book provides that model, offering a new and rigorous understanding of Article 38(1)(c) that will be of immense value to scholars and practitioners of international law alike. At the heart of the book is a new tetrahedral framework of analysis - looking to function, type, methodology and jurisprudential legitimacy. Adopting an historical approach, the book traces the development of the source from 1875 to 2019, encompassing jurisprudence of the Permanent Court of International Justice and the International Court of Justice as well as cases from international criminal tribunals, the International Criminal Court and the World Trade Organisation. The book argues for precision in identifying cases that actually apply General Principles, and builds upon these 'proper use' cases to advance a comprehensive model of General Principles, advocating for a global approach to the methodology of the source.