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Oxford Law Citator
Contents
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Preliminary Material
Preface
Table of Contents
Glossary of Latin Phrases
Table of Cases
International Court of Justice
Permanent Court of International Justice
Human Rights Courts
European Court of Human Rights
Inter-American Court of Human Rights
International Criminal Tribunals
International Criminal Court
International Criminal Tribunal for the Former Yugoslavia
Special Court for Sierra Leone
Other
US/Iran Claims Tribunal
Arbitral Tribunals
National
Austria
Belgium
Canada
France
Greece
Ireland
Poland
Slovenia
United Kingdom
United States
Table of Legislation
Law-making Instruments
Recommendatory Instruments
National
France
United States
Main Text
I The Nature of International Law and the Concept of Sources
1 Introduction
2 Formal and material sources
3 Enumeration of the recognized formal sources
4 Nature and operation of the sources
5 Whose law? States and non-State actors
6 Are there additional formal sources, not in Article 38?
6(a) Unilateral acts
6(b) Decisions of international organizations
6(c) Agreements between States and international enterprises
6(d) Other proposals
7 Religious law as a rival or additional source
8 Is the theory of sources still sufficient?
II Treaties and Conventions as a Source of Law
1 Pacta sunt servanda
2 The limits of treaty-law: jus cogens and the relative effect of treaties
3 Commitment to the treaty-obligations
4 Unilateral acts as inchoate treaties?
III Custom as a Source of International Law
1 Introduction
2 Constituent elements of custom
2(a) Two elements or one?
2(b) State practice
(i) In general
(ii) The relevance of treaties
2(c) The opinio juris
2(d) The role of international organizations
3 Changes in customary law
4 The relevance of ethical and similar principles to customary law
5 The extent of application of a rule of customary international law
5(a) General customary law and the ‘persistent objector’
5(b) Particular customary law
IV General Principles of Law as a Source of Law
1 What are the ‘general principles of law’?
2 The role of equity
3 General principles of law and non liquet
V The Subsidiary Sources
1 Introduction
2 Judicial decisions
2(a) International tribunals
2(b) Municipal courts
3 The teachings of publicists
VI Interaction or Hierarchy between Sources
1 Simultaneous and identical obligations under treaty and under customary law
2 The ‘hierarchy of sources’
VII Specialities: jus cogens, Obligations erga omnes, Soft Law
1 Superior norms and their sources: jus cogens and obligations erga omnes
1(a) The source or sources of obligations erga omnes
1(b) The source or sources of norms of jus cogens
2 Soft law
VIII Subsystems of International Law
1 ‘Self-contained regimes’ and their limits
2 Human rights law
2(a) Human rights law under treaty and as custom
2(b) Human rights as deriving from general principles
2(c) Human rights and Islam
3 Humanitarian law
3(a) Treaties and conventions
3(b) Customary law or an independent source of law?
4 WTO, ICSID: trade and investment law dispute settlement
5 International environmental issues
6 International criminal law
IX Some Alternative Approaches
1 Inadequacy or irrelevance of recognized sources
2 The role of ethical principles
3 The insufficiencies of the theory of international customary law
X A Brief Note in Conclusion
Further Material
Index
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Table of Cases
From:
The Sources of International Law (2nd Edition)
Hugh Thirlway
Previous Edition (1 ed.)
Content type:
Book content
Product:
Oxford Scholarly Authorities on International Law [OSAIL]
Published in print:
03 April 2019
ISBN:
9780198841814
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