The Oxford Handbook on the Sources of International Law

Author: Jean d'Aspremont
Publisher: Oxford University Press
ISBN: 0198745362
Format: PDF, ePub
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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? These traditional questions bear on at least two different levels of understanding. First, how are international norms validated as rules of international "law", i.e. legally binding norms? 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 on 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. Thisandbook 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.

The Oxford Handbook of the Theory of International Law

Author: Anne Orford
Publisher: Oxford University Press
ISBN: 0198701950
Format: PDF, Mobi
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The Oxford Handbook of International Legal Theory provides an accessible and authoritative guide to the major thinkers, concepts, approaches, and debates that have shaped contemporary international legal theory. The Handbook features close to fifty original essays by leading international scholars from a wide range of traditions, nationalities, and perspectives, reflecting the richness and diversity of this dynamic field. The collection explores key questions and debates in international legal theory, offers new intellectual histories for the discipline, and provides fresh interpretations of significant historical figures, texts, and theoretical approaches. It provides a much-needed map of the field of international legal theory, and a guide to the main themes and debates that have driven theoretical work in international law. The Handbook will be an indispensable reference work for students, scholars, and practitioners seeking to gain an overview of current theoretical debates about the nature, function, foundations, and future role of international law.

The Oxford Handbook of the History of International Law

Author: Bardo Fassbender
Publisher: Oxford University Press
ISBN: 0199599750
Format: PDF, ePub
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This handbook provides an authoritative and original overview of the origins of public international law. It analyses the modern history of international law from a global perspective, and examines the lives of those who were most responsible for shaping it.

The Sources of International Law

Author: Hugh Thirlway
Publisher: Oxford University Press
ISBN: 0199685398
Format: PDF, ePub, Mobi
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The question of what is, and what is not, part of international law is of course fundamental. Traditionally, treaties between states and custom (state practice) have been seen as the primary means by which international law is created. These two sources, along with the "general principles oflaw", are specified in the Statute of the International Court of Justice (Article 38), and this text has long been treated as generally authoritative. However, whether this is still an adequate definition of the sources of international law, and how they may operate in modern international society,has been questioned in significant ways. Taking Article 38 ICJ Statute as starting-point, this book provides a careful assessment of all the recognised, or asserted, sources of international law. Among the issues considered are: the impact of ethical principles on the creation of international law; the existence of peremptory norms (those of jus cogens), and whether they come into being through the same sources as other norms; the place of these, and of norms involving rights andobligations erga omnes, in the operation of international legal relationships; the definition and role of "general principles of law"; whether any of international law's sub-disciplines involve the application of additional sources; and the continuously evolving relationship between treaty-basedlaw and customary international law. Re-examining the traditional model, the work takes account of the increasing role of international jurisprudence, and looks at international organisations and non-state actors as potential new sources of international law. The book provides a perfect introduction to the law of sources, as well asinnovative perspectives on new developments, making it essential reading for anyone studying or working in any field of international law.

The Oxford Handbook of the Sources of International Law

Author: Samantha Besson
Publisher:
ISBN: 9780191860263
Format: PDF, ePub, Docs
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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.

The Oxford Handbook of International Law in Armed Conflict

Author: Andrew Clapham
Publisher: Oxford University Press
ISBN: 0199559694
Format: PDF, Mobi
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Written by a team of distinguished and internationally renowned experts, this Oxford Handbook gives an analytical overview of international law as it applies in armed conflicts. The Handbook draws on international humanitarian law, human rights law, and the law of neutrality to provide a comprehensive picture of the status of law in war.

The Oxford Handbook of the Use of Force in International Law

Author: Marc Weller
Publisher: Oxford University Press
ISBN: 0199673047
Format: PDF
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This Oxford Handbook provides an authoritative and comprehensive analysis of one of the most controversial areas of international law. Over seventy contributors assess the current state of the international law prohibiting the use of force, assessing its development and analysing the many recent controversies that have arisen in this field.

The Oxford Handbook of International Human Rights Law

Author: Dinah Shelton
Publisher: Oxford University Press
ISBN: 0199640130
Format: PDF, Kindle
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The Oxford Handbook of International Human Rights Law provides an authoritative and original overview of one of the key branches of international law. Forty contributors comprehensively analyse the role of human rights in international law from a global perspective, examining its origins and principles, and measuring its impact on the world.

The Oxford Handbook of International Adjudication

Author: Cesare Romano
Publisher: Oxford University Press
ISBN: 0199660689
Format: PDF, Mobi
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This Oxford Handbook provides interdisciplinary perspectives on international adjudication, analysing the proliferation of international courts and tribunals from the perspective of both international law and political science. It presents the different theoretical approaches to these courts, their main functions, and the issues confronting them.

Formalism and the Sources of International Law

Author: Jean d'Aspremont
Publisher: Oxford University Press
ISBN: 0199696314
Format: PDF
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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