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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? 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.
List of contents
- Part I : The Histories
- Section I Sources in the Scholastic Legacy
- 1: Peter Haggenmacher: Sources in the Scholastic Legacy
- 2: Dominique Gaurier; Randall Lesaffer: Sources in the modern tradition
- 3: Milos Vec; Lauri Malksoo: Sources in the 19th Century European tradition
- 4: Ole Spiermann; Malgosia Fitzmaurice: The history of Article 38 of the Statute of the International Court of Justice
- 5: Monica Garcia Salmones Rovira; Upendra Baxi: Sources in the anti-formalist tradition
- 6: Tony Carty; Mark Weston Janis: Sources in the meta-history of international law
- 7: Robert Kolb; Samual Moyn: Legal history as a source of international law
- Part II : The Theories
- 8: David Lefkow itz; Jorg Kammerhofer: Sources in legal-positivist theories
- 9: Jean d'Aspremont; Frederik Schauer: Sources in legal-formalist theories
- 10: Ingo Venzke; Duncan B. Hollis: Sources in interpretation theories
- 11: Matthias Goldmann; Alexandra Kemmerer: Sources in the meta-theory of international law
- 12: Iain Scobbie; Alain Papaux and Eric Wyler: Legal theory as a source
- Part III : The Functions
- 13: Pierre d'Argent; Mary Ellen O'Connell and Caleb M. Day: Sources and the legality and validity of international law
- 14: Michael Giudice; Gleider I. Hernandez: Sources and the systematicity of international law
- 15: Erika de Wet; Mario Prost: Sources and the hierachy of international law
- 16: Detlef von Daniels; Nicole Roughan: Sources and the normativity of international law
- 17: Richard Collins; Jose Luis Marti: Sources and the legitimate authority of international law
- 18: Robert McCorquodale; Bruno de Witte: Sources and the subjects of international law
- 19: Yuval Shany; Eleni Methymaki and Antonios Tzanakopoulos: Sources and the enforcement of international law
- Part IV : The Regimes
- 20: Samantha Besson; Bruno Simma: Sources of international human rights law
- 21: Raphael van Steenberghe and Steven Ratner: Sources of international humanitarian law and international criminal law
- 22: Catherine Redgwell; Jutta Brunnee: Sources of international environment law
- 23: Jan Klabbers; August Reinisch: Sources of international organizations law
- 24: Joost Pauwelyn; Donald H. Regan: Sources of international trade law
- 25: Jorge E. Vinuales; Stephan W. Schill: Sources of international investment law
- 26: Ingrid B. Wuerth; Cedric Ryngaert: Sources of international law in domestic law
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.
Summary
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.
Additional text
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.
Report
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. P. Sean Morris, Nordic Journal of International Law
