The Sources of International Law
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Product details:
- Edition number 2
- Publisher OUP Oxford
- Date of Publication 3 April 2019
- ISBN 9780198841821
- Binding Paperback
- No. of pages272 pages
- Size 157x234x15 mm
- Weight 422 g
- Language English 0
Categories
Short description:
This new edition of Hugh Thirlway's Sources of International Law provides an ideal introduction for anyone needing to better understand where international law comes from. It looks at modern and controversial sources, as well as the traditional areas of treaties and custom.
MoreLong description:
This new edition of Hugh Thirlway's authoritative text provides an introduction to one of the fundamental questions of the discipline: what is, and what is not, a source of international law. Traditionally, treaties between states and state practice were seen as the primary means with which to create international law. However, more recent developments have recognized customary international law, alongside international treaties and instruments, as a key foundation upon which international law is built. This book provides an insightful inquiry into all the recognized, or asserted, sources of international law.
It investigates the impact of ethical principles on the creation of international law; whether 'soft law' norms come into being through the same sources as binding international law; and whether jus cogens norms, and those involving rights and obligations erga omnes have a unique place in the creation of international legal norms. It studies the notion of 'general principles of international law' within international law's sub-disciplines, and the evolving relationship between treaty-based law and customary international law. Re-examining the traditional model, it investigates the increasing role of international jurisprudence, and looks at the nature of international organisations and non-state actors as potential new sources of international law. This revised and updated book provides a perfect introduction to the law of sources, as well as innovative perspectives on new developments, making it essential reading for anyone studying or working in international law.
Table of Contents:
The Nature of International Law and the Concept of Sources
Treaties and Conventions as a Source of Law
Custom as a Source of International Law
General Principles of Law as a Source of Law
The Subsidiary Sources
Interaction or Hierarchy between Sources
Specialities: Jus Cogens, Obligations Erga Omnes, Soft Law
Subsystems of International Law
Some Alternative Approaches
Conclusion
