The Sources of International Law

Paperback | April 21, 2014

byHugh Thirlway

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The question of what is, and what is not, part of international law is fundamental in shaping its current form and its development. Traditionally, treaties between states and state practice were seen as the primary means with which to create international law. However, the definition of whatthe sources of international law are, and how they operate, has been questioned in significant ways. Particularly this has been seen in the more recent developments in the notion of customary international law, which stands alongside international treaties and instruments as a key foundation uponwhich international law is built. This book provides a key inquiry into all the recognised, 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 thecreation 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 theincreasing role of international jurisprudence, and looks at the nature of 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 as innovative perspectives on new developments, making itessential reading for anyone studying or working in international law.

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The question of what is, and what is not, part of international law is fundamental in shaping its current form and its development. Traditionally, treaties between states and state practice were seen as the primary means with which to create international law. However, the definition of whatthe sources of international law are, and how...

Hugh Thirlway was Principal Legal Secretary to the International Court of Justice from 1989 to 1994, and has since been Professor of International Law at the Graduate Institute of International Studies, Geneva, Visiting Professor at Bristol University, and Visiting Professor at the University of Leiden.

other books by Hugh Thirlway

Format:PaperbackDimensions:272 pages, 9.21 × 6.14 × 0.68 inPublished:April 21, 2014Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199685401

ISBN - 13:9780199685400

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Table of Contents

1. The nature of international law and the concept of sources2. The classic definition: Article 38 of the ICJ Statute and its background3. Application of the classic definition to the production of exceptional norms peremptory norms (jus cogens); rights and obligations erga omnes; non-binding norms; "soft law"4. Non-statutory sources5. Specialised fields, including human rights; judicial procedure, in particular that of the ICJ; UN procedural law6. Other possible contributors to law: international corporations; national courts7. Conclusion