Formalism and the Sources of International Law: A Theory of the Ascertainment of Legal Rules

Format:

Book

Author/Creator:

D'Aspremont, Jean.

Series:

Oxford Monographs in International Law

Language:

English

Subjects (All):

International law.

Physical Description:

1 online resource (288 p.)

Edition:

New edition

Place of Publication:

Oxford University Press 2013

Summary:

As a result of the growing prominence of international organizations and non-binding instruments there is increasing controversy as to how to delineate the boundaries of international law. This book advocates a return to a more formal way of determining what is and isn't international law, and suggests ways in which this formalism can be modernized

Contents:

List of Abbreviations 1. Introduction 2. The Concept and the Rationale of Formalism in International Law 3. The Emergence of Formal Law-Ascertainment in the Theory of the Sources of International Law 4. The Critiques of Formal Law-Ascertainment in the Theory of the Sources of International Law 5. Deformalization of Law-Ascertainment in Contemporary Theory of the Sources of International Law 6. Lessons from the Discontent with Formalism 7. The Configuration of Formal Ascertainment of International Law: The Source Thesis 8. The Foundations of Formal Ascertainment of International Law: The Social Thesis 9. Concluding Remarks: Ascertaining International Legal Rules in the Future

Notes:

Includes bibliographical references (pages [225]-258) and index.

Description based on metadata supplied by the publisher and other sources.

ISBN:

1-306-07416-9

0-19-150482-3

0-19-968226-7

0-19-150483-1

0-19-173220-6

OCLC:

862612619