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The Sources of International Law, 2nd Edition

The Sources of International Law, 2nd Edition

作者： Hugh Thirlway
出版商： Oxford University Press
ISBN: 9780198841821
出版时间 April 2019
规格： Paperback , 272 pages
适应领域： International ? 免责申明：
Countri(es) stated herein are used as reference only

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This new edition of Hugh Thirlway's authoritative text provides an introduction to one of the fundamental questions of the discipline: what is, and what is not, a source of international law.

Traditionally, treaties between states and state practice were seen as the primary means with which to create international law. However, more recent developments have recognized customary international law, alongside international treaties and instruments, as a key foundation upon which international law is built.

This book provides an insightful inquiry into all the recognized, 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 the creation 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 the increasing role of international jurisprudence, and looks at the nature of international organisations and non-state actors as potential new sources of international law. This revised and updated 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 international law.
1: The nature of international law and the concept of sources
2: The classic definition: Article 38 of the ICJ Statute and its background
3: 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 sources
5: Specialised fields, including human rights; judicial procedure, in particular that of the ICJ; UN procedural law
6: Other possible contributors to law: international corporations; national courts
7: Conclusion
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.

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