Formalism And The Sources Of International Law

Author : Jean d'Aspremont
Publisher : OUP Oxford
Page : 1494 pages
File Size : 55,5 Mb
Release : 2013-05-23
Category : Law
ISBN : 9780191504839

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Formalism and the Sources of International Law by Jean d'Aspremont Pdf

This book revisits the theory of the sources of international law from the perspective of formalism. It critically analyses the virtues of formalism, construed as a theory of law ascertainment, as a means of distinguishing between law and non-law. The theory of formalism is re-evaluated against the backdrop of the growing acceptance by international legal theorists of the blurring of the lines between law and non-law. At the same time, the book acknowledges that much international normative activity nowadays takes place outside the ambit of traditional international law and that only a limited part of the exercise of public authority at the international level results in the creation of international legal rules. The theory of ascertainment that the book puts forward attempts to dispel some of the illusions of formalism that accompany the traditional sources of international law. It also sheds light on the tendency of scholars, theorists, and advocates to deformalize the identification of international legal rules with a view to expanding international law. The book seeks to revitalize and refresh the formal identification of rules by engaging with some tenets of the postmodern critique of formalism. As a result, the book not only grapples with the practice of law-making at the international level, but it also offers broad theoretical insights on international law, dealing with the main schools of thought in legal theory (positivism, naturalism, legal realism, policy-oriented jurisprudence, and postmodernism). This paperback edition features the author's discussion of this book on the EJIL Talk blog.

Author : Jörg Kammerhofer
Publisher : Routledge
Page : 304 pages
File Size : 52,7 Mb
Release : 2010-07-12
Category : Law
ISBN : 9781136939716

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Uncertainty in International Law by Jörg Kammerhofer Pdf

Re-engaging with the Pure Theory of Law developed by Hans Kelsen and the other members of the Viennese School of Jurisprudence, this book looks at the causes and manifestations of uncertainty in international law. It considers both epistemological uncertainty as to whether we can accurately perceive norms in international law, and ontological problems which occur inter alia where two or more norms conflict. The book looks at these issues of uncertainty in relation to the foundational doctrines of public international law, including the law of self-defence under the United Nations Charter, customary international law, and the interpretation of treaties. In viewing international law through the lens of Kelsen’s theory Jörg Kammerhofer demonstrates the importance of the theoretical dimension for the study of international law and offers a critique of the recent trend towards pragmatism and eclecticism in international legal scholarship. The unique aspect of the monograph is that it is the only book to apply the Pure Theory of Law as theoretical approach to international law, rather than simply being a piece of intellectual history describing it. This book will of great interest to students and scholars of public international law, legal theory and jurisprudence.

Author : Samantha Besson,Jean D'Aspremont,Sévrine Knuchel
Publisher : Oxford University Press
Page : 1233 pages
File Size : 54,8 Mb
Release : 2017
Category : Law
ISBN : 9780198745365

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The Oxford Handbook on the Sources of International Law by Samantha Besson,Jean D'Aspremont,Sévrine Knuchel Pdf

This 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.--

Author : Hugh Thirlway
Publisher : OUP Oxford
Page : 314 pages
File Size : 49,9 Mb
Release : 2014-03-27
Category : Law
ISBN : 9780191508608

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The Sources of International Law by Hugh Thirlway Pdf

In recent years States have made more and more extensive use of the International Court of Justice for the judicial settlement of disputes. Despite being declared by the Courts Statute to have no binding force for States other than the parties to the case, its decisions have come to constitute a body of jurisprudence that is frequently invoked in other disputes, in international negotiation, and in academic writing. This jurisprudence, covering a wide range of aspects of international law, is the subject of considerable ongoing academic examination; it needs however to be seen against the background, and in the light, of the Courts structure, jurisdiction and operation, and the principles applied in these domains. The purpose of this book is thus to provide an accessible and comprehensive study of this aspect of the Court, and in particular of its procedure, written by a scholar who has had unique opportunities of close observation of the Court in action. This distillation of direct experience and expertise makes it essential reading for all those who study, teach or practise international law.

Author : Jean d'Aspremont
Publisher : OUP Oxford
Page : 285 pages
File Size : 41,7 Mb
Release : 2013-05-23
Category : Law
ISBN : 9780191504822

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Formalism and the Sources of International Law by Jean d'Aspremont Pdf

This book revisits the theory of the sources of international law from the perspective of formalism. It critically analyses the virtues of formalism, construed as a theory of law ascertainment, as a means of distinguishing between law and non-law. The theory of formalism is re-evaluated against the backdrop of the growing acceptance by international legal theorists of the blurring of the lines between law and non-law. At the same time, the book acknowledges that much international normative activity nowadays takes place outside the ambit of traditional international law and that only a limited part of the exercise of public authority at the international level results in the creation of international legal rules. The theory of ascertainment that the book puts forward attempts to dispel some of the illusions of formalism that accompany the traditional sources of international law. It also sheds light on the tendency of scholars, theorists, and advocates to deformalize the identification of international legal rules with a view to expanding international law. The book seeks to revitalize and refresh the formal identification of rules by engaging with some tenets of the postmodern critique of formalism. As a result, the book not only grapples with the practice of law-making at the international level, but it also offers broad theoretical insights on international law, dealing with the main schools of thought in legal theory (positivism, naturalism, legal realism, policy-oriented jurisprudence, and postmodernism). This paperback edition features the author's discussion of this book on the EJIL Talk blog.

Author : Jean D'Aspremont
Publisher : Oxford University Press
Page : 193 pages
File Size : 47,5 Mb
Release : 2021
Category : Law
ISBN : 9780192843906

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The Discourse on Customary International Law by Jean D'Aspremont Pdf

"The book guides the reader through an analysis of eight distinct performances at work in the discourse on customary international law. One of its key claims is that customary international law is not the surviving trace of an ancient law-making mechanism that used to be found in traditional societies. Indeed, as is shown throughout, customary international law is anything but ancient, and there is hardly any doctrine of international law that contains so many of the features of modern thinking. It is also argued that, contrary to mainstream opinion, customary international law is in fact shaped by texts, and originates from a textual environment"--Page 4 de la couverture.

Author : Panos Merkouris,Jörg Kammerhofer,Noora Arajärvi
Publisher : Cambridge University Press
Page : 647 pages
File Size : 52,6 Mb
Release : 2022-05-26
Category : Law
ISBN : 9781316516898

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The Theory, Practice and Interpretation of Customary International Law by Panos Merkouris,Jörg Kammerhofer,Noora Arajärvi Pdf

Provides an in-depth study of the theory, history, practice, and interpretation of customary international law.

Author : Hugh Thirlway
Publisher : Oxford University Press
Page : 262 pages
File Size : 42,9 Mb
Release : 2014-02
Category : Law
ISBN : 9780199685394

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The Sources of International Law by Hugh Thirlway Pdf

Because of its unique nature, the sources of international law are not always easy to identify and interpret. This book provides an ideal introduction to these sources for anyone needing to better understand where international law comes from. As well as looking at treaties and custom, the book will look at more modern and controversial sources.

Author : Anne Orford,Florian Hoffmann
Publisher : Oxford University Press
Page : 1000 pages
File Size : 54,7 Mb
Release : 2016-05-26
Category : Law
ISBN : 9780191005558

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The Oxford Handbook of the Theory of International Law by Anne Orford,Florian Hoffmann Pdf

The Oxford Handbook of International Legal Theory provides an accessible and authoritative guide to the major thinkers, concepts, approaches, and debates that have shaped contemporary international legal theory. The Handbook features 48 original essays by leading international scholars from a wide range of traditions, nationalities, and perspectives, reflecting the richness and diversity of this dynamic field. The collection explores key questions and debates in international legal theory, offers new intellectual histories for the discipline, and provides fresh interpretations of significant historical figures, texts, and theoretical approaches. It provides a much-needed map of the field of international legal theory, and a guide to the main themes and debates that have driven theoretical work in international law. The Handbook will be an indispensable reference work for students, scholars, and practitioners seeking to gain an overview of current theoretical debates about the nature, function, foundations, and future role of international law.

Author : Hugh Thirlway
Publisher : OUP Oxford
Page : 262 pages
File Size : 52,7 Mb
Release : 2014-03-27
Category : Law
ISBN : 9780191508592

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The Sources of International Law by Hugh Thirlway Pdf

In recent years States have made more and more extensive use of the International Court of Justice for the judicial settlement of disputes. Despite being declared by the Courts Statute to have no binding force for States other than the parties to the case, its decisions have come to constitute a body of jurisprudence that is frequently invoked in other disputes, in international negotiation, and in academic writing. This jurisprudence, covering a wide range of aspects of international law, is the subject of considerable ongoing academic examination; it needs however to be seen against the background, and in the light, of the Courts structure, jurisdiction and operation, and the principles applied in these domains. The purpose of this book is thus to provide an accessible and comprehensive study of this aspect of the Court, and in particular of its procedure, written by a scholar who has had unique opportunities of close observation of the Court in action. This distillation of direct experience and expertise makes it essential reading for all those who study, teach or practise international law.

Author : Andrea Bianchi
Publisher : Oxford University Press
Page : 250 pages
File Size : 51,8 Mb
Release : 2016-11-10
Category : Law
ISBN : 9780191038228

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International Law Theories by Andrea Bianchi Pdf

Two fish are swimming in a pond. 'Do you know what?' the fish asks his friend. 'No, tell me.' 'I was talking to a frog the other day. And he told me that we are surrounded by water!' His friend looks at him with great scepticism: 'Water? Whats that? Show me some water!' International lawyers often find themselves focused on the practice of the law rather than the underlying theories. This book is an attempt to stir up 'the water' that international lawyers swim in. It analyses a range of theoretical approaches to international law and invites readers to engage with different ways of legal thinking in order to familiarize themselves with the water all around us, of which we hardly have any perception. The main aim of this book is to provide interested scholars, practitioners, and students of international law and other disciplines with an introduction to various international legal theories, their genealogies, and possible critiques. By providing an analytical approach to international legal theory, the book encourages readers to enhance their sensitivity to these different approaches and to consider how the presuppositions behind each theory affect analysis, research, and practice in international law. International Law Theories is intended to assist students, scholars, and practitioners in reflecting more generally about how knowledge is formed in the field.

Author : Mads Andenas,Malgosia Fitzmaurice,Attila Tanzi,Jan Wouters
Publisher : BRILL
Page : 474 pages
File Size : 48,9 Mb
Release : 2019-05-20
Category : Law
ISBN : 9789004390935

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General Principles and the Coherence of International Law by Mads Andenas,Malgosia Fitzmaurice,Attila Tanzi,Jan Wouters Pdf

General Principles and the Coherence of International Law offers a comprehensive analysis of general principles of law, assessing their role in guaranteeing the coherence of the international legal system.

Author : Gleider I Hernández
Publisher : OUP Oxford
Page : 368 pages
File Size : 49,8 Mb
Release : 2014-05-29
Category : Law
ISBN : 9780191502569

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The International Court of Justice and the Judicial Function by Gleider I Hernández Pdf

This book evaluates the concept of the function of law through the prism of the International Court of Justice. It goes beyond a conventional analysis of the Court's case law and applicable law, to consider the compromise between supranational order and state sovereignty that lies at the heart of its institutional design. It argues that this compromise prevents the Court from playing a progressive role in the development of international law. Instead, it influences the international legal order in more subtle ways, in particular, in shaping understanding of the nature or form of the international legal order as a whole. The book concludes that the role of the Court is not to advance some universal conception of international law but rather to decide the cases before it in the best possible way within its institutional limits, while remaining aware of law's deeper theoretical foundations. The book considers three key elements: firstly, it examines the historical aspects of the Court's constitutive Statute, and the manner in which it defines its judicial character. Secondly, it considers the drafting process, the function of a dissenting opinion, and the role of the individual judge, in an attempt to discern insights on the function of the Court. Finally, the book examines the Court's practice in regard to three conceptual issues which assist in understanding the Court's function: its theory of precedent; its definition of the 'international community'; and its theory on the completeness of the international legal order.

Author : H. W. A. Thirlway
Publisher : Unknown
Page : 239 pages
File Size : 42,6 Mb
Release : 2014
Category : International law
ISBN : 0191765627

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The Sources of International Law by H. W. A. Thirlway Pdf

Author : Miodrag A. Jovanović
Publisher : Cambridge University Press
Page : 287 pages
File Size : 44,7 Mb
Release : 2019-04-25
Category : Law
ISBN : 9781108473330

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The Nature of International Law by Miodrag A. Jovanović Pdf

The Nature of International Law provides a comprehensive analytical account of international law within the prototype theory of concepts.