The Oxford handbook of the sources of international law / edited by Samantha Besson and Jean d'Aspremont.

Format:

Book

Contributor:

Besson, Samantha, 1973- editor.

D'Aspremont, Jean, editor.

Series:

Oxford handbooks online

Oxford handbooks in history.

Language:

English

Subjects (All):

International law--Sources.

International law.

Physical Description:

1 online resource.

Other Title:

Sources of international law

Place of Publication:

Oxford : Oxford University Press, 2018.

System Details:

text file

Summary:

This Oxford Handbook examines the sources of international law, how the understanding of sources changed throughout the history of international law; how the main legal theories understood sources; the relationship between sources and the legitimacy of international law; and how sources differ across the various sub-areas of international law.

Contents:

Introduction / Samantha Besson, Jean d'Aspremont

Sources in the Anti-Formalist Tradition: A Prelude to Institutional Discourses in International Law / Mónica García-Salmones Rovira

Sources in the Anti-Formalist Tradition: 'That Monster Custom, Who Doth All Sense Doth Eat' / Upendra Baxi

Sources in the Meta-History of International Law: A Phenomenological Reversal of Hegel-From Liberal Nihilism and the Anti-Metaphysics of Modernity to an Aristotelian Ethical Order / Anthony Carty, Anna Irene Baka

Sources in the Meta-History of International Law: A Little Meta-Theory-Paradigms, Article 38, and the Sources of International Law / Mark Weston Janis

Legal History as a Source: From Classical to Modern International Law / Robert Kolb

Legal History as a Source: The Politics of Knowledge / Samuel Moyn

Sources in Legal Positivist Theories: Law as Necessarily Posited and the Challenge of Customary Law Creation / David Lefkowitz

Sources in Legal Positivist Theories: The Pure Theory's Structural Analysis of the Law / Jörg Kammerhofer

Sources in Legal Formalist Theories: The Poor Vehicle of Legal Forms / Jean d'Aspremont

Sources in Legal Formalist Theories: Source Formality, With Special Attention to International Law / Frederick Schauer

Sources in the Scholastic Legacy: Ius Naturae and Ius Gentium Revisited by Theologians / Peter Haggenmacher

Sources in Interpretation Theories: The International Law-Making Process / Ingo Venzke

Sources in Interpretation Theories: An Interdependent Relationship / Duncan B. Hollis

Sources in the Meta-Theory of International Law: Exploring the Hermeneutics, Authority, and Publicness of International Law / Matthias Goldmann

Sources in the Meta-Theory of International Law: Hermeneutical Conversations / Alexandra Kemmerer

Legal Theory as a Source: Institutional Facts and the Identification of International Law / Iain Scobbie

Legal Theory as a Source: Doctrine as Constitutive of International Law / Alain Papaux, Eric Wyler

Sources and the Legality and Validity of International Law: What Makes Law 'International'? / Pierre d'Argent

Sources and the Legality and Validity of International Law: Natural Law as Source of Extra-Positive Norms / Mary Ellen O'Connell, Caleb Day

Sources and the Systematicity of International Law: A Philosophical Perspective / Michael Giudice

Sources and the Systematicity of International Law / Gleider I. Hernández

Sources in the Scholastic Legacy: The (Re)construction of the Ius Gentium in the Second Scholastic / Annabel Brett

Sources and the Hierarchy of International Law: The Place of Peremptory Norms and Article 103 of the UN Charter Within the Sources of International Law / Erika de Wet

Sources and the Hierarchy of International Law: Source Preferences and Scales of Values / Mario Prost

Sources and the Normativity of International Law: A Post-Foundational Perspective / Detlef von Daniels

Sources and the Normativity of International Law: From Validity to Justification / Nicole Roughan

Sources and the Legitimate Authority of International Law: A Challenge to the 'Standard View'? / Richard Collins

Sources and the Legitimate Authority of International Law: Democratic Legitimacy and the Sources of International Law / José Luis Martí

Sources and the Subjects of International Law: A Plurality of Law-Making Participants / Robert McCorquodale

Sources and the Subjects of International Law: The European Union's Semi-Autonomous System of Sources / Bruno de Witte

Sources and the Enforcement of International Law: What Norms International Law-Enforcement Bodies Actually Invoke? / Yuval Shany

Sources and the Enforcement of International Law: Domestic Courts-Another Brick in the Wall? / Antonios Tzanakopoulos, Eleni Methymaki

Sources in the Modern Tradition: An Overview of the Sources of the Sources in the Classical Works of International Law / Dominique Gaurier

Sources of International Human Rights Law: How General is General International Law? / Samantha Besson

Sources of International Human Rights Law: Human Rights Treaties / Bruno Simma

Sources of International Humanitarian Law and International Criminal Law: Specific Features / Raphaël van Steenberghe

Sources of International Humanitarian Law and International Criminal Law: War Crimes and the Limits of the Doctrine of Sources / Steven R. Ratner

Sources of International Environmental Law: Formality and Informality in the Dynamic Evolution of IEL Norms / Catherine Redgwell

Sources of International Environmental Law: Interactional Law / Jutta Brunnée

Sources of International Organizations' Law: Reflections on Accountability / Jan Klabbers

Sources of International Organizations' Law: Why Custom and General Principles are Crucial / August Reinisch

Sources of International Trade Law: Sources of Law in WTO Dispute Settlement / Joost Pauwelyn

Sources of International Trade Law: Understanding What the Vienna Convention Says About Identifying and Using 'Sources for Treaty Interpretation' / Donald H. Regan

Sources in the Modern Tradition: The Nature of Europe's Classical Law of Nations / Randall Lesaffer

Sources of International Investment Law: Theoretical Foundations of Unruly Practices / Jorge E. Viñuales

Sources of International Investment Law: Multilateralization, Arbitral Precedent, Comparativism, Soft Law / Stephan W. Schill

Sources of International Law in Domestic Law: Domestic Constitutional Structure and the Sources of International Law / Ingrid B. Wuerth

Sources of International Law in Domestic Law: Relationship Between International and Municipal Law Sources / Cedric Ryngaert

Sources in the 19th Century European Tradition: The Myth of Positivism / Miloš Vec

Sources in the 19th Century European Tradition: Insights from Practice and Theory / Lauri Mälksoo

The History of Article 38 of the Statute of the International Court of Justice: 'A Purely Platonic Discussion'? / Ole Spiermann

The History of Article 38 of the Statute of the International Court of Justice: The Journey from the Past to the Present / Malgosia Fitzmaurice.

Notes:

Previously issued in print: 2017.

Includes bibliographical references and index.

Description based on online resource; title from home page (viewed on January 30, 2018).

Other Format:

Print version :

ISBN:

9780191860263

Access Restriction:

Restricted for use by site license.