The Sources of International Law - Couverture rigide

Thirlway, Hugh

Couverture rigide

ISBN 10 : 0199685398 ISBN 13 : 9780199685394

Editeur : Oxford University Press, 2014

A propos du livre

Présentation de l'éditeur :

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 of law', 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 and obligations 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-based law 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 as innovative perspectives on new developments, making it essential reading for anyone studying or working in any field of international law.

Revue de presse :

The Sources of International Law is an erudite work about particular sources of international law and more generally about the concept of sources. International lawyers, positivist and nonpositivist alike, will find in it much to contemplate. So, too, will those who approach international law from an interdisciplinary perspective and who want to understand one influential legal theory about the discipline. Thirlway pushes all of us to think anew about what counts as law?, why are rules binding?, and why those questions are important. (John E. Noyes, California Western School of Law, The American Journal of International Law)

It can hardly be contested that SIL constitutes a splendid and comprehensive cartographic exercise that offers a snapshot of where the doctrine of the sources of international law stands... SIL [is] destined to be the new authoritative compendium on the sources of international law and reach the pantheon of the classics of intentional law shortly. (Jean dAspremont, German Yearbook of International Law)

It is an up-to date, major and valuable attempt to tackle the doctrine of sources and related doctrines at the time of complex developments that at times place these doctrines under strain. It should be read and engaged widely by scholars, students and practitioners to identify the major points of underlying debates. (Alexander Orakhelashvili, The British Yearbook of International Law)

À propos de cette édition

• Éditeur: Oxford University Press
• Date d'édition: 2014
• ISBN 10: 0199685398
• ISBN 13: 9780199685394
• Reliure: Relié
• Nombre de pages: 264