The Oxford Handbook of the Sources of International Law
Series: Oxford Handbooks;
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Product details:
- Publisher OUP Oxford
- Date of Publication 26 October 2017
- ISBN 9780198745365
- Binding Hardback
- No. of pages1226 pages
- Size 246x189 mm
- Weight 2052 g
- Language English 0
Categories
Short description:
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.
MoreLong 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.
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.
Table of Contents:
Part I : The Histories
Section I Sources in the Scholastic Legacy
Sources in the Scholastic Legacy
Sources in the modern tradition
Sources in the 19th Century European tradition
The history of Article 38 of the Statute of the International Court of Justice
Sources in the anti-formalist tradition
Sources in the meta-history of international law
Legal history as a source of international law
Part II : The Theories
Sources in legal-positivist theories
Sources in legal-formalist theories
Sources in interpretation theories
Sources in the meta-theory of international law
Legal theory as a source
Part III : The Functions
Sources and the legality and validity of international law
Sources and the systematicity of international law
Sources and the hierachy of international law
Sources and the normativity of international law
Sources and the legitimate authority of international law
Sources and the subjects of international law
Sources and the enforcement of international law
Part IV : The Regimes
Sources of international human rights law
Sources of international humanitarian law and international criminal law
Sources of international environment law
Sources of international organizations law
Sources of international trade law
Sources of international investment law
Sources of international law in domestic law
