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9780198745365


Parution : 10/2017
Editeur : Oxford University Press
ISBN : 978-0-1987-4536-5
Notice SUDOC

The Oxford Handbook of the Sources of International Law

Sous la direction de Jean d'Aspremont, Samantha Besson

Coll. Oxford Handbooks, 1232 pages

Présentation de l'éditeur

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? These traditional questions bear on at least two different levels of understanding. First, how are international norms validated as rules of international 

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. Thisandbook 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.

 

Sommaire

Part I : The Histories of the Sources of International Law

Section I Sources in the Scholastic Legacy
1: Sources in the Scholastic Legacy: Ius Naturae and Ius Gentium Revisited by Theologians, Peter Haggenmacher
2: Sources in the Scholastic Legacy: The (Re)construction of the Ius Gentium in the Second Scholastic, Annabel S. Brett

Section II Sources in the Modern Tradition
3: Sources in the Modern Tradition: An Overview of the Sources of the Sources in the Classical Works of International Law, Dominique Gaurier
4: Sources in the Modern Tradition: The Nature of Europe's Classical Law of Nations, Randall Lesaffer

Section III Sources in the 19th Century European Tradition
5: Sources in the 19th Century European Tradition: The Myth of Positivism, Miloš Vec
6: Sources in the 19th Century European Tradition: Insights from Practice and Theory, Lauri Mälksoo

Section IV The History of Article 38 of the Statute of the International Court of Justice
7: The History of Article 38 of the Statute of the International Court of Justice: 'A Purely Platonic Discussion'?, Ole Spiermann
8: The History of Article 38 of the Statute of the International Court of Justice: The Journey from the Past to the Present, Malgosia Fitzmaurice

Section V Sources in the Anti-Formalist Tradition
9: Sources in the Anti-Formalist Tradition: A Prelude to Institutional Discourses in International Law, Monica García-Salmones Rovira
10: Sources in the Anti-Formalist Tradition: 'That Monster Custom, Who Doth All Sense Doth Eat', Upendra Baxi

Section VI Sources in the Meta-History of International Law
11: Sources in the Meta-History of International Law: A Phenomenological Reversal of Hegel-From Liberal Nihilism and the Anti-Metaphysics of Modernity to an Aristotelian Ethical Order, Tony Carty and Anna Irene Baka
12: Sources in the Meta-History of International Law: A Little Meta-Theory-Paradigms, Article 38, and the Sources of International Law, Mark Weston Janis

Section VII Legal History as a Source
13: Legal History as a Source: From Classical to Modern International Law, Robert Kolb
14: Legal History as a Source: The Politics of Knowledge, Samuel Moyn

Part II The Theories of the Sources of International Law

Section VIII Sources in Legal Positivist Theories
15: Sources in Legal Positivist Theories: Law as Necessarily Posited and the Challenge of Customary Law Creation, David Lefkowitz
16: Sources in Legal Positivist Theories: The Pure Theory's Structural Analysis of the Law, Jörg Kammerhofer

Section IX Sources in Legal Formalist Theories
17: Sources in Legal Formalist Theories: The Poor Vehicle of Legal Forms, Jean d'Aspremont
18: Sources in Legal Formalist Theories: Source Formality, With Special Attention to International Law, Frederick Schauer

Section X Sources in Interpretation Theories
19: Sources in Interpretation Theories: The International Law-Making Process, Ingo Venzke
20: Sources in Interpretation Theories: An Interdependent Relationship, Duncan B. Hollis

Section XI Sources in the Meta-Theory of International Law
21: Sources in the Meta-Theory of International Law: Exploring the Hermeneutics, Authority, and Publicness of International Law, Matthias Goldmann
22: Sources in the Meta-Theory of International Law: Hermeneutical Conversations, Alexandra Kemmerer

Section XII Legal Theory as a Source
23: Legal Theory as a Source: Institutional Facts and the Identification of International Law, Iain Scobbie
24: Legal Theory as a Source: Doctrine as Constitutive of International Law, Alain Papaux and Eric Wyler

Part III The Functions of the Sources of International Law

Section XIII Sources and the Legality and Validity of International Law
25: Sources and the Legality and Validity of International Law: What Makes Law 'International'?, Pierre d'Argent
26: Sources and the Legality and Validity of International Law: Natural Law as Source of Extra-Positive Norms, Mary Ellen O'Connell and Caleb Day

Section XIV Sources and the Systematicity of International Law
27: Sources and the Systematicity of International Law: A Philosophical Perspective, Michael Giudice
28: Sources and the Systematicity of International Law: A Co-Constitutive Relationship?, Gleider I. Hernández

Section XV Sources and the Hierarchy of International Law
29: Sources and the Hierarchy of International Law: The Place of Peremptory Norms and Article 103 of the UN Charter Within the Sources of International Law, Erika de Wet
30: Sources and the Hierarchy of International Law: Source Preferences and Scales of Values, Mario Prost

Section XVI Sources and the Normativity of International Law
31: Sources and the Normativity of International Law: A Post-Foundational Perspective, Detlef von Daniels
32: Sources and the Normativity of International Law: From Validity to Justification, Nicole Roughan

Section XVII Sources and the Legitimate Authority of International Law
33: Sources and the Legitimate Authority of International Law: A Challenge to the 'Standard View'?, Richard Collins
34: Sources and the Legitimate Authority of International Law: Democratic Legitimacy and the Sources of International Law, José Luis Marti

Section XVIII Sources and the Subjects of International Law
35: Sources and the Subjects of International Law: A Plurality of Law-Making Participants, Robert McCorquodale
36: Sources and the Subjects of International Law: The European Union's Semi-Autonomous System of Sources, Bruno de Witte

Section XIX Sources and the Enforcement of International Law
37: Sources and the Enforcement of International Law: What Norms International Law-Enforcement Bodies Actually Invoke?, Yuval Shany
38: Sources and the Enforcement of International Law: Domestic Courts-Another Brick in the Wall?, Antonios Tzanakopoulos and Eleni Methymaki

Part IV The Regimes of the Sources of International Law

Section XX Sources of International Human Rights Law
39: Sources of International Human Rights Law: How General is General International Law?, Samantha Besson
40: Sources of International Human Rights Law: Human Rights Treaties, Bruno Simma

Section XXI Sources of International Humanitarian Law and International Criminal Law
41: Sources of International Humanitarian Law and International Criminal Law: Specific Features, Raphaël van Steenberghe
42: Sources of International Humanitarian Law and International Criminal Law: War Crimes and the Limits of the Doctrine of Sources, Steven R. Ratner

Section XXII Sources of International Environmental Law
43: Sources of International Environmental Law: Formality and Informality in the Dynamic Evolution of IEL Norms, Catherine Redgwell
44: Sources of International Environmental Law: Interactional Law, Jutta Brunnée

Section XXIII Sources of International Organizations' Law
45: Sources of International Organizations' Law: Reflections on Accountability, Jan Klabbers
46: Sources of International Organizations' Law: Why Custom and General Principles are Crucial, August Reinisch

Section XXIV Sources of International Trade Law
47: Sources of International Trade Law: Sources of Law in WTO Dispute Settlement, Joost Pauwelyn
48: Sources of International Trade Law: Understanding What the Vienna Convention Says About Identifying and Using 'Sources for Treaty Interpretation', Donald H. Regan

Section XXV Sources of International Investment Law
49: Sources of International Investment Law: Theoretical Foundations of Unruly Practices, Jorge E. Viñuales
50: Sources of International Investment Law: Multilateralization, Arbitral Precedent, Comparativism, Soft Law, Stephan W. Schill

Section XXVI Sources of International Law in Domestic Law
51: Sources of International Law in Domestic Law: Domestic Constitutional Structure and the Sources of International Law, Ingrid B. Wuerth
52: Sources of International Law in Domestic Law: Relationship Between International and Municipal Law Sources, Cedric Ryngaert