2 Sources of International Law: Provenance and Problems

Chapter 1 dealt with what international law is, and the purposes that it serves. It also tried to explain why states believe that it is binding on them; and why, even in the absence of physical compulsion, it is usually obeyed. This chapter also is concerned with what international law is—but in a different sense of the term. Where do we find the substance of international law? What constitutes international law? What is the difference between a political proposal and a binding rule? Whereas what we dealt with in Chapter 1 might conveniently be termed the identity...