OXFORD UNIVERSITY PRESS

The Oxford Handbook on the Sources of International Law

ISBN : 9780198745365

Price(incl.tax): 
¥26,477
Author: 
Jean D'Aspremont; Samantha Besson
Pages
1150 Pages
Format
Hardcover
Size
171 x 246 mm
Pub date
Oct 2017
Series
Oxford Handbooks
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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 ", 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.

Index: 

Part I : The Histories of the Sources of International Law
Section I Sources in the Scholastic Legacy
1 Peter Haggenmacher: Sources in the Scholastic Legacy: Ius Naturae and Ius Gentium Revisited by Theologians
2 Annabel S. Brett: Sources in the Scholastic Legacy: The (Re)construction of the Ius Gentium in the Second Scholastic
Section II Sources in the Modern Tradition
3 Dominique Gaurier: Sources in the Modern Tradition: An Overview of the Sources of the Sources in the Classical Works of International Law
4 Randall Lesaffer: Sources in the Modern Tradition: The Nature of Europe's Classical Law of Nations
Section III Sources in the 19th Century European Tradition
5 Milos Vec: Sources in the 19th Century European Tradition: The Myth of Positivism
6 Lauri Malksoo: Sources in the 19th 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 Ole Spiermann: The History of Article 38 of the Statute of the International Court of Justice: 'A Purely Platonic Discussion'?
8 Malgosia Fitzmaurice: 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 Monica Garcia-Salmones Rovira: Sources in the Anti-Formalist Tradition: A Prelude to Institutional Discourses in International Law
10 Upendra Baxi: 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 Tony Carty and Anna Irene Baka: Sources in the Meta-History of International Law: A Phenomenological Reversal of Hegel-From Liberal Nihilism and the Anti-Metaphysics of Modernity to an Aristotelian Ethical Order
12 Mark Weston Janis: 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
13 Robert Kolb: Legal History as a Source: From Classical to Modern International Law
14 Samuel Moyn: Legal History as a Source: The Politics of Knowledge

Part II The Theories of the Sources of International Law
Section VIII Sources in Legal Positivist Theories
15 David Lefkowitz: Sources in Legal Positivist Theories: Law as Necessarily Posited and the Challenge of Customary Law Creation
16 Jorg Kammerhofer: Sources in Legal Positivist Theories: The Pure Theory's Structural Analysis of the Law
Section IX Sources in Legal Formalist Theories
17 Jean d'Aspremont: Sources in Legal Formalist Theories: The Poor Vehicle of Legal Forms
18 Frederick Schauer: Sources in Legal Formalist Theories: Source Formality, With Special Attention to International Law
Section X Sources in Interpretation Theories
19 Ingo Venzke: Sources in Interpretation Theories: The International Law-Making Process
20 Duncan B. Hollis: Sources in Interpretation Theories: An Interdependent Relationship
Section XI Sources in the Meta-Theory of International Law
21 Matthias Goldmann: Sources in the Meta-Theory of International Law: Exploring the Hermeneutics, Authority, and Publicness of International Law
22 Alexandra Kemmerer: Sources in the Meta-Theory of International Law: Hermeneutical Conversations
Section XII Legal Theory as a Source
23 Iain Scobbie: Legal Theory as a Source: Institutional Facts and the Identification of International Law
24 Alain Papaux and Eric Wyler: Legal Theory as a Source: 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 Pierre d'Argent: Sources and the Legality and Validity of International Law: What Makes Law 'International'?
26 Mary Ellen O'Connell and Caleb Day: 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 Michael Giudice: Sources and the Systematicity of International Law: A Philosophical Perspective
28 Gleider I. Hernandez: Sources and the Systematicity of International Law: A Co-Constitutive Relationship?
Section XV Sources and the Hierarchy of International Law
29 Erika de Wet: 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 Mario Prost: Sources and the Hierarchy of International Law: Source Preferences and Scales of Values
Section XVI Sources and the Normativity of International Law
31 Detlef von Daniels: Sources and the Normativity of International Law: A Post-Foundational Perspective
32 Nicole Roughan: Sources and the Normativity of International Law: From Validity to Justification
Section XVII Sources and the Legitimate Authority of International Law
33 Richard Collins: Sources and the Legitimate Authority of International Law: A Challenge to the 'Standard View'?
34 Jose Luis Marti: 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 Robert McCorquodale: Sources and the Subjects of International Law: A Plurality of Law-Making Participants
36 Bruno de Witte: 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 Yuval Shany: Sources and the Enforcement of International Law: What Norms International Law-Enforcement Bodies Actually Invoke?
38 Antonios Tzanakopoulos and Eleni Methymaki: 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 Samantha Besson: Sources of International Human Rights Law: How General is General International Law?
40 Bruno Simma: Sources of International Human Rights Law: Human Rights Treaties
Section XXI Sources of International Humanitarian Law and International Criminal Law
41 Raphael van Steenberghe: Sources of International Humanitarian Law and International Criminal Law: Specific Features
42 Steven R. Ratner: 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 Catherine Redgwell: Sources of International Environmental Law: Formality and Informality in the Dynamic Evolution of IEL Norms
44 Jutta Brunnee: Sources of International Environmental Law: Interactional Law
Section XXIII Sources of International Organizations' Law
45 Jan Klabbers: Sources of International Organizations' Law: Reflections on Accountability
46 August Reinisch: Sources of International Organizations' Law: Why Custom and General Principles are Crucial
Section XXIV Sources of International Trade Law
47 Joost Pauwelyn: Sources of International Trade Law: Sources of Law in WTO Dispute Settlement
48 Donald H. Regan: 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 Jorge E. Vinuales: Sources of International Investment Law: Theoretical Foundations of Unruly Practices
50 Stephan W. Schill: Sources of International Investment Law: Multilateralization, Arbitral Precedent, Comparativism, Soft Law
Section XXVI Sources of International Law in Domestic Law
51 Ingrid B. Wuerth: Sources of International Law in Domestic Law: Domestic Constitutional Structure and the Sources of International Law
52 Cedric Ryngaert: Sources of International Law in Domestic Law: Relationship Between International and Municipal Law Sources

About the author: 

Professor Samantha Besson holds the Chair of Public International Law and European Law at the University of Fribourg. She studied in Fribourg, Oxford, Bern and New York. She has taught as a visiting professor at the Universities of Oxford, Geneva, Zurich, Duke, Lausanne, and Lisbon. She has also been working in different capacities for The Hague Academy of International Law, first as the Coordinator of the Annual Seminar for Practitioners between 2009 and 2013 and, most recently, as a Director of Studies in July 2013.; Professor Jean d'Aspremont is Chair of Public International Law at the University of Manchester. He also holds a Chair of International Legal Theory at the University of Amsterdam. He studied in Cambridge and Louvain. Before moving to Amsterdam and Manchester, he was Assistant Professor of International Law at the University of Leiden and Director of the LL.M. in Public International Law. He also used to be Guest Professor at the University of Louvain as well as at the University of Lille. He is Editor-in-Chief of the Leiden Journal of International Law.

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