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Vol 21 No 10 Oct/Nov 2016

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The Sources of International Law


ISBN13: 9780199685394
Published: March 2014
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £74.00
Paperback edition , ISBN13 9780199685400



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The question of what is, and what is not, part of international law is fundamental in shaping its current form and its development. Traditionally, treaties between states and state practice were seen as the primary means with which to create international law.

However, the definition of what the sources of international law are, and how they operate, has been questioned in significant ways. Particularly this has been seen in the more recent developments in the notion of customary international law, which stands alongside international treaties and instruments as a key foundation upon which international law is built.

This book provides a key inquiry into all the recognised, 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.

The 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.

Subjects:
Public International Law
Contents:
1. The nature of international law and the concept of sources
2. The classic definition: Article 38 of the ICJ Statute and its background
3. Application of the classic definition to the production of exceptional norms peremptory norms (jus cogens), rights and obligations erga omnes, non-binding norms,"soft law"
4. Non-statutory sources
5. Specialised fields, including human rights, judicial procedure, in particular that of the ICJ
UN procedural law
6. Other possible contributors to law: international corporations
national courts
7. Conclusion

Series: Foundations of Public International Law

Principles of International Investment Law 2nd ed ISBN 9780199651801
Published November 2012
Oxford University Press
£47.49
Principles of International Investment Law 2nd ed (eBook) ISBN 9780191632136
Published November 2012
Oxford University Press
£39.57 + £7.91 VAT
(ePub)
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Principles of International Investment Law 2nd ed ISBN 9780199651795
Published November 2012
Oxford University Press
£100.00
International Law and the Use of Force 3rd ed ISBN 9780199239153
Published July 2008
Oxford University Press
£33.99
International Law and the Use of Force 3rd ed (eBook) ISBN 9780191021626
Published July 2008
Oxford University Press
£28.32 + £5.66 VAT
(ePub)
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International Law and the Use of Force 3rd ed ISBN 9780199239146
Published July 2008
Oxford University Press
£88.00
Principles of International Investment Law ISBN 9780199211753
Published February 2008
Oxford University Press
Out of print
Principles of International Investment Law ISBN 9780199211760
Published February 2008
Oxford University Press
Out of print
Principles of International Investment Law (eBook) ISBN 9780191021640
Published February 2008
Oxford University Press
Out of print
Making of International Law (eBook) ISBN 9780191021763
Published February 2007
Oxford University Press
£28.32 + £5.66 VAT
(ePub)
Buy
Making of Inernational Law 1st ed ISBN 9780199248193
Published February 2007
Oxford University Press
£67.00
Making of International Law ISBN 9780199213795
Published February 2007
Oxford University Press
£35.99
Immunities from Jurisdiction in International Law ISBN 9780199550319

Oxford University Press
Publication Abandoned