The editors and contributors to this book have put together an unrivalled collection on one of the most debated topic within the discipline of international law: sources. It is a rich and fascinating collection about the sources of international law, with attention being paid to the histories, theories, functions and regimes of the sources of international law.

P. Sean Morris, Nordic Journal of International Law

The 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.
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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.
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PART I : THE HISTORIES OF THE SOURCES OF INTERNATIONAL LAW; SECTION I SOURCES IN THE SCHOLASTIC LEGACY; SECTION II SOURCES IN THE MODERN TRADITION; SECTION III SOURCES IN THE 19TH CENTURY EUROPEAN TRADITION; SECTION IV THE HISTORY OF ARTICLE 38 OF THE STATUTE OF THE INTERNATIONAL COURT OF JUSTICE; SECTION V SOURCES IN THE ANTI-FORMALIST TRADITION; SECTION VI SOURCES IN THE META-HISTORY OF INTERNATIONAL LAW; SECTION VII LEGAL HISTORY AS A SOURCE; PART II THE THEORIES OF THE SOURCES OF INTERNATIONAL LAW; SECTION VIII SOURCES IN LEGAL POSITIVIST THEORIES; SECTION IX SOURCES IN LEGAL FORMALIST THEORIES; SECTION X SOURCES IN INTERPRETATION THEORIES; SECTION XI SOURCES IN THE META-THEORY OF INTERNATIONAL LAW; SECTION XII LEGAL THEORY AS A SOURCE; PART III THE FUNCTIONS OF THE SOURCES OF INTERNATIONAL LAW; SECTION XIII SOURCES AND THE LEGALITY AND VALIDITY OF INTERNATIONAL LAW; SECTION XIV SOURCES AND THE SYSTEMATICITY OF INTERNATIONAL LAW; SECTION XV SOURCES AND THE HIERARCHY OF INTERNATIONAL LAW; SECTION XVI SOURCES AND THE NORMATIVITY OF INTERNATIONAL LAW; SECTION XVII SOURCES AND THE LEGITIMATE AUTHORITY OF INTERNATIONAL LAW; SECTION XVIII SOURCES AND THE SUBJECTS OF INTERNATIONAL LAW; SECTION XIX SOURCES AND THE ENFORCEMENT OF INTERNATIONAL LAW; PART IV THE REGIMES OF THE SOURCES OF INTERNATIONAL LAW; SECTION XX SOURCES OF INTERNATIONAL HUMAN RIGHTS LAW; SECTION XXI SOURCES OF INTERNATIONAL HUMANITARIAN LAW AND INTERNATIONAL CRIMINAL LAW; SECTION XXII SOURCES OF INTERNATIONAL ENVIRONMENTAL LAW; SECTION XXIII SOURCES OF INTERNATIONAL ORGANIZATIONS' LAW; SECTION XXIV SOURCES OF INTERNATIONAL TRADE LAW; SECTION XXV SOURCES OF INTERNATIONAL INVESTMENT LAW; SECTION XXVI SOURCES OF INTERNATIONAL LAW IN DOMESTIC LAW
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Critically examines the doctrines, practices, discourses, and debates on the sources of international law Offers insight from well-established and respected academics, whose contributions seek to extend the limits of traditional thinking on the scope of international law itself Provides analysis through a dialectical structure with the first author directly addressing the issue, and the second offering critical comment and their own theoretical and analytical insights
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Professor Samantha Besson holds the Chair of Public International Law and European Law at the University of Fribourg. She studied in Fribourg, Oxford, Bern and New York. She has taught as a visiting professor at the Universities of Oxford, Geneva, Zurich, Duke, Lausanne, and Lisbon. She has also been working in different capacities for The Hague Academy of International Law, first as the Coordinator of the Annual Seminar for Practitioners between 2009 and 2013 and, most recently, as a Director of Studies in July 2013. Professor Jean d'Aspremont is Chair of Public International Law at the University of Manchester. He also holds a Chair of International Legal Theory at the University of Amsterdam. He studied in Cambridge and Louvain. Before moving to Amsterdam and Manchester, he was Assistant Professor of International Law at the University of Leiden and Director of the LL.M. in Public International Law. He also used to be Guest Professor at the University of Louvain as well as at the University of Lille. He is Editor-in-Chief of the Leiden Journal of International Law.
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Critically examines the doctrines, practices, discourses, and debates on the sources of international law Offers insight from well-established and respected academics, whose contributions seek to extend the limits of traditional thinking on the scope of international law itself Provides analysis through a dialectical structure with the first author directly addressing the issue, and the second offering critical comment and their own theoretical and analytical insights
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Produktdetaljer

ISBN
9780198745365
Publisert
2017
Utgiver
Vendor
Oxford University Press
Vekt
2052 gr
Høyde
246 mm
Bredde
189 mm
Aldersnivå
U, P, 05, 06
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
1226

Biographical note

Professor Samantha Besson holds the Chair of Public International Law and European Law at the University of Fribourg. She studied in Fribourg, Oxford, Bern and New York. She has taught as a visiting professor at the Universities of Oxford, Geneva, Zurich, Duke, Lausanne, and Lisbon. She has also been working in different capacities for The Hague Academy of International Law, first as the Coordinator of the Annual Seminar for Practitioners between 2009 and 2013 and, most recently, as a Director of Studies in July 2013. Professor Jean d'Aspremont is Chair of Public International Law at the University of Manchester. He also holds a Chair of International Legal Theory at the University of Amsterdam. He studied in Cambridge and Louvain. Before moving to Amsterdam and Manchester, he was Assistant Professor of International Law at the University of Leiden and Director of the LL.M. in Public International Law. He also used to be Guest Professor at the University of Louvain as well as at the University of Lille. He is Editor-in-Chief of the Leiden Journal of International Law.