The Oxford Handbook of the Sources of International Law 1st Edition

The Oxford Handbook of the Sources of International Law 1st Edition – Ebook Instant Download/Delivery ISBN(s): 9780191807053,9780191860263,0191807052,0191860263

Product details:

• ISBN-10: 0191860263
• ISBN-13: 9780191860263
• Author: Samantha Besson, Jean D’Aspremont, Sévrine Knuchel

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.

Table contents:

Part I The Histories of the Sources of International Law
Section I Sources in the Scholastic Legacy
1. Sources in the Scholastic Legacy: Ius Naturae and Ius Gentium Revisited by Theologians
2. Sources in the Scholastic Legacy: The (Re)construction of the Ius Gentium in the Second Scholastic
Section II Sources in the Modern Tradition
3. Sources in the Modern Tradition: An Overview of the Sources of the Sources in the Classical Works of International Law
4. Sources in the Modern Tradition: The Nature of Europe’s Classical Law of Nations
Section III Sources of International Law in the Nineteenth-Century European Tradition
5. Sources of International Law in the Nineteenth-Century European Tradition: The Myth of Positivism
6. Sources of International Law in the Nineteenth-Century European Tradition: Insights from Practice and Theory
Section IV The History Of article 38 of the Statute of the International Court of Justice
7. The History of Article 38 of the Statute of the International Court of Justice: ‘A Purely Platonic Discussion’?
8. The History of Article 38 of the Statute of the International Court of Justice: The Journey from the Past to the Present
Section V Sources in the Anti-Formalist Tradition
9. Sources in the Anti-Formalist Tradition: A Prelude to Institutional Discourses in International Law
10. Sources in the Anti-Formalist Tradition: ‘That Monster Custom, Who Doth All Sense Doth Eat’
Section VI Sources in the Meta-History of International Law
11. Sources in the Meta-History of International Law: From Liberal Nihilism and the Anti-Metaphysics of Modernity to an Aristotelian Ethical Order
12. Sources in the Meta-History of International Law: A Little Meta-Theory—Paradigms, Article 38, and the Sources of International Law
Section VII Legal History as a Source of International Law
13. Legal History as a Source of International Law: From Classical to Modern International Law
14. Legal History as a Source of International Law: The Politics of Knowledge
Part II The Theories of the Sources of International Law
Section VIII Sources in Legal-Positivist Theories
15. Sources in Legal-Positivist Theories: Law as Necessarily Posited and the Challenge of Customary Law Creation
16. Sources in Legal-Positivist Theories: The Pure Theory’s Structural Analysis of the Law
Section IX Sources in Legal-Formalist Theories
17. Sources in Legal-Formalist Theories: The Poor Vehicle of Legal Forms
18. Sources in Legal-Formalist Theories: A Formalist Account of the Role of Sources in International Law
Section X Sources in Interpretation Theories
19. Sources in Interpretation Theories: The International Law-Making Process
20. Sources in Interpretation Theories: An Interdependent Relationship
Section XI Sources in the Meta-Theory of International Law
21. Sources in the Meta-Theory of International Law: Exploring the Hermeneutics, Authority, and Publicness of International Law
22. Sources in the Meta-Theory of International Law: Hermeneutical Conversations
Section XII legal theory as a source of international Law
23. Legal Theory as a Source of International Law: Institutional Facts and the Identification of International Law
24. Legal Theory as a Source of International Law: Doctrine as Constitutive of International Law
Part III The Functions of the Sources of International Law
Section XIII Sources and the Legality and Validity of International Law
25. Sources and the Legality and Validity of International Law: What Makes Law ‘International’?
26. Sources and the Legality and Validity of International Law: Natural Law as Source of Extra-Positive Norms
Section XIV sources and the systematicity of international law
27. Sources and the Systematicity of International Law: A Philosophical Perspective
28. Sources and the Systematicity of International Law: A Co-Constitutive Relationship?
Section XV sources and the hierarchy of international law
29. 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
30. Sources and the Hierarchy of International Law: Source Preferences and Scales of Values
Section XVI sources and the normativity of international law
31. Sources and the Normativity of International Law: A Post-Foundational Perspective
32. Sources and the Normativity of International Law: From Validity to Justification
Section XVII sources and the legitimate authority of international law
33. Sources and the Legitimate Authority of International Law: A Challenge to the ‘Standard View’?
34. Sources and the Legitimate Authority of International Law: Democratic Legitimacy and the Sources of International Law
Section XVIII sources and the subjects of international law
35. Sources and the Subjects of International Law: A Plurality of Law-Making Participants
36. Sources and the Subjects of International Law: The European Union’s Semi-Autonomous System of Sources
Section XIX sources and the enforcement of international law
37. Sources and the Enforcement of International Law: What Norms Do International Law-Enforcement Bodies Actually Invoke?
38. Sources and the Enforcement of International Law: Domestic Courts—Another Brick in the Wall?
Part IV The Regimes of the Sources of International Law
Section XX Sources of International Human Rights Law
39. Sources of International Human Rights Law: How General is General International Law?
40. Sources of International Human Rights Law: Human Rights Treaties
Section XXI sources of international humanitarian law and international criminal law
41. Sources of International Humanitarian Law and International Criminal Law: Specific Features
42. Sources of International Humanitarian Law and International Criminal Law: War/Crimes and the Limits of the Doctrine of Sources
Section XXII sources of international environmental law
43. Sources of International Environmental Law: Formality and Informality in the Dynamic Evolution of International Environmental Law Norms
44. Sources of International Environmental Law: Interactional Law
Section XXIII sources of international organizations’ law
45. Sources of International Organizations’ Law: Reflections on Accountability
46. Sources of International Organizations’ Law: Why Custom and General Principles are Crucial
Section XXIV sources of international trade law
47. Sources of International Trade Law: Mantras and Controversies at the World Trade Organization
48. Sources of International Trade Law: Understanding What the Vienna Convention Says About Identifying and Using ‘Sources for Treaty Interpretation’
Section XXV sources of international investment law
49. Sources of International Investment Law: Conceptual Foundations of Unruly Practices
50. Sources of International Investment Law: Multilateralization, Arbitral Precedent, Comparativism, Soft Law
Section XXVI sources of international law in domestic law
51. Sources of International Law in Domestic Law: Domestic Constitutional Structure and the Sources of International Law
52. Sources of International Law in Domestic Law: Relationship between International and Municipal Law Sources

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