Full Description
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.
Contents
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
