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Contents
- Preliminary Material
- Preface
- Contents
- Table of Cases
- International Adjudicative Bodies
- Court of Justice of the European Union (CJEU)
- Eritrea–Ethiopia Claims Commission
- European Court of Human Rights (ECtHR)
- Extraordinary Chambers in the Courts of Cambodia (ECCC)
- Inter-American Court of Human Rights (IACtHR)
- International Centre for the Settlement of Investment Disputes (ICSID)
- International Court of Justice (ICJ)
- International Criminal Court (ICC)
- International Criminal Tribunal for Rwanda (ICTR)
- International Criminal Tribunal for the Former Yugoslavia (ICTY)
- International Military Tribunal at Nuremberg
- International Tribunal for the Law of the Sea (ITLOS)
- Permanent Court of International Justice (PCIJ)
- Special Court for Sierra Leone (SCSL)
- United Nations Commission on International Trade Law (UNCITRAL)
- United Nations Committee against Torture
- United Nations Human Rights Committee
- WTO and GATT Disputes
- Other International Arbitral Awards
- National Courts
- International Adjudicative Bodies
- Table of International Instruments
- List of Abbreviations
- List of Contributors
- Main Text
- The Sources of International Law: An Introduction
- Part I The Histories of the Sources of International Law
- s.I Sources in the Scholastic Legacy
- s.II Sources in the Modern Tradition
- s.III Sources of International Law in the Nineteenth-Century European Tradition
- Ch.5 Sources of International Law in the Nineteenth-Century European Tradition: The Myth of Positivism
- I Introduction
- II The Visible Invisible: What is a Source, Then?
- III Constructing Nineteenth-Century International Law: Source Matters
- IV The ‘European Law of Nations’: A New Disciplinary Self-Understanding as a Result of a Paradigm Shift in Sources
- V Debating International Law’s Normativity
- VI Positivism as Legalization of International Law
- VII Pluralism without a Hierarchy: The (Non-)Missing Systematization of Sources
- VIII Conclusion: Reluctance to Glance in the Mirror
- Research Questions
- Selected Bibliography
- Ch.6 Sources of International Law in the Nineteenth-Century European Tradition: Insights from Practice and Theory
- Ch.5 Sources of International Law in the Nineteenth-Century European Tradition: The Myth of Positivism
- s.IV The History of Article 38 of the Statute of the International Court of Justice
- Ch.7 The History of Article 38 of the Statute of the International Court of Justice: ‘A Purely Platonic Discussion’?
- Ch.8 The History of Article 38 of the Statute of the International Court of Justice: The Journey from the Past to the Present
- s.V Sources in the Anti-Formalist Tradition
- s.VI Sources in the Meta-History of International Law
- Ch.11 Sources in the Meta-History of International Law: From Liberal Nihilism and the Anti-Metaphysics of Modernity to an Aristotelian Ethical Order
- I Introduction
- II Meta-History and the Phenomenological Method
- III A Phenomenological Analysis of the Meta-History of the Sources of International Law
- IV Phenomenological Residuum and the Reversal of Hegel: The Essence of, and Need for, an Aristotelian Ethical Order
- Research Questions
- Selected Bibliography
- Ch.12 Sources in the Meta-History of International Law: A Little Meta-Theory—Paradigms, Article 38, and the Sources of International Law
- Ch.11 Sources in the Meta-History of International Law: From Liberal Nihilism and the Anti-Metaphysics of Modernity to an Aristotelian Ethical Order
- s.VII Legal History as a Source of International law
- Ch.13 Legal History as a Source of International Law: From Classical to Modern International Law
- I Introduction
- II Earlier Conceptions of the Role of History as a Source of Law and of International Law
- III Later Conceptions on the Role of History as a Source of International Law
- IV Positive Norms of International Law Referring to History as a Legal Fact
- V History as a Source of Legal Culture
- V Conclusion
- Research Questions
- Selected Bibliography
- Ch.14 Legal History as a Source of International Law: The Politics of Knowledge
- Ch.13 Legal History as a Source of International Law: From Classical to Modern International Law
- Part II The Theories of the Sources of International Law
- s.VIII Sources in Legal-Positivist Theories
- Ch.15 Sources in Legal-Positivist Theories: Law as Necessarily Posited and the Challenge of Customary Law Creation
- Ch.16 Sources in Legal-Positivist Theories: The Pure Theory’s Structural Analysis of the Law
- s.IX Sources in Legal-Formalist Theories
- Ch.17 Sources in Legal-Formalist Theories: The Poor Vehicle of Legal Forms
- Ch.18 Sources in Legal-Formalist Theories: A Formalist Account of the Role of Sources in International Law
- s.X Sources in Interpretation Theories
- Ch.19 Sources in Interpretation Theories: The International Law-Making Process
- Ch.20 Sources in Interpretation Theories: An Interdependent Relationship
- I Introduction
- II Existential Interpretations of International Law’s Sources
- III The Range of Interdependence between Sources and Interpretation
- IV Conclusions: Caveats and Consequences in Engaging Interdependence
- Research Questions
- Selected Bibliography
- s.XI Sources in the Meta-Theory of International Law
- Ch.21 Sources in the Meta-Theory of International Law: Exploring the Hermeneutics, Authority, and Publicness of International Law
- Ch.22 Sources in the Meta-Theory of International Law: Hermeneutical Conversations
- s.XII Legal Theory as a Source of International Law
- Ch.23 Legal Theory As a Source of International Law: Institutional Facts and the Identification of International Law
- I Introduction
- II ‘Of Cabbages—and Kings’: MacCormick’s Account of Institutional Facts
- III The Question of Sovereignty
- IV The Pervasiveness of Conceptual Uncertainty
- V Brierly, Fitzmaurice, and Lauterpacht—The Twentieth-Century British Turn to Natural Law in Search of Systemic Completeness
- VI The New Haven School—Natural Law in Pursuit of Democracy, US Style?
- VII In the End, Some Conclusions
- Research Questions
- Selected Bibliography
- Ch.24 Legal Theory as a Source of International Law: Doctrine as Constitutive of International Law
- Ch.23 Legal Theory As a Source of International Law: Institutional Facts and the Identification of International Law
- s.VIII Sources in Legal-Positivist Theories
- Part III The Functions of the Sources of International Law
- s.XIII Sources and the Legality and Validity of International Law
- Ch.25 Sources and the Legality and Validity of International Law: What Makes Law ‘International’?
- Ch.26 Sources and the Legality and Validity of International Law: Natural Law as Source of Extra-Positive Norms
- I Introduction
- II Discerning Three Elements in Ancient Thought
- III Developing the Three Elements in the Middle Ages
- IV Internationalizing and Renegotiating the Three Elements in Modernity
- V The Re-Emergence of the Three Elements in Contemporary International Law
- VI Conclusion
- Research Questions
- Selected Bibliography
- s.XIV Sources and the Systematicity of International Law
- Ch.27 Sources and the Systematicity of International Law: A Philosophical Perspective
- Ch.28 Sources and the Systematicity of International Law: A Co-Constitutive Relationship?
- s.XV Sources and the Hierarchy of International Law
- s.XVI Sources and the Normativity of International Law
- Ch.31 Sources and the Normativity of International Law: A Post-Foundational Perspective
- Ch.32 Sources and the Normativity of International Law: From Validity to Justification
- s.XVII Sources and the Legitimate Authority of International Law
- Ch.33 Sources and the Legitimate Authority of International Law: A Challenge to the ‘Standard View’?
- Ch.34 Sources and the Legitimate Authority of International Law: Democratic Legitimacy and the Sources of International Law
- s.XVIII Sources and the Subjects of International Law
- Ch.35 Sources and the Subjects of International Law: A Plurality of Law-Making Participants
- Ch.36 Sources and the Subjects of International Law: The European Union’s Semi-Autonomous System of Sources
- s.XIX Sources and the Enforcement of International Law
- Ch.37 Sources and the Enforcement of International Law: What Norms Do International Law-Enforcement Bodies Actually Invoke?
- I Introduction
- II The Diversity of International Law-Enforcing Bodies
- 1 International Political Bodies Authorized to Enforce International Law Norms
- 2 IGOs and NGOs Possessing Soft Enforcement Powers
- 3 International Courts Invested with Power to Order Enforcement Measures
- 4 States Enforcing International Obligations against Other States
- 5 Enforcement by Domestic State Organs
- III Sources of Norms Used by Enforcement Bodies
- IV General Trends
- V Conclusion
- Research Questions
- Selected Bibliography
- Ch.38 Sources and the Enforcement of International Law: Domestic Courts—Another Brick in the Wall?
- Ch.37 Sources and the Enforcement of International Law: What Norms Do International Law-Enforcement Bodies Actually Invoke?
- s.XIII Sources and the Legality and Validity of International Law
- Part IV The Regimes of the Sources of International Law
- s.XX Sources of International Human Rights Law
- Ch.39 Sources of International Human Rights Law: How General is General International Law?
- I Introduction
- II The Moral and Legal Nature of Human Rights and the Objectivity of International Human Rights Law
- III The Dual Legality of Human Rights and the Transnationality of International Human Rights Law
- IV The Universality of Human Rights and the Generality of International Human Rights Law
- V Conclusion
- Research Questions
- Selected bibliography
- Ch.40 Sources of International Human Rights Law: Human Rights Treaties
- I Introduction
- II Collective Interests Leading to Interstate Treaty Rights and Obligations
- III The Status of Individuals in Human Rights Treaties
- IV Law-of-Treaties Consequences Deriving from the Characteristics of Human Rights Treaties Thus Described
- V Contrasted: Samantha Besson’s Views on Human Rights Treaties
- Research Questions
- Selected Bibliography
- Ch.39 Sources of International Human Rights Law: How General is General International Law?
- s.XXI Sources of International Humanitarian Law and International Criminal Law
- Ch.41 Sources of International Humanitarian Law and International Criminal Law: Specific Features
- Ch.42 Sources of International Humanitarian Law and International Criminal Law: War/Crimes and the Limits of the Doctrine of Sources
- I Introduction
- II The Scope of Inquiry
- III Of Special Regimes: Identifying IHL’s and ICL’s Distinctive Approaches to Law-Making
- IV The Myopia of Traditional Sources Doctrine
- V IHL and ICL as a Window onto Moral Sources
- VI Conclusion
- Research Questions
- Selected Bibliography
- s.XXII Sources of International Environmental Law
- Ch.43 Sources of International Environmental Law: Formality and Informality in the Dynamic Evolution of International Environmental Law Norms
- Ch.44 Sources of International Environmental Law: Interactional Law
- s.XXIII Sources of International Organizations’ Law
- s.XXIV Sources of International Trade Law
- Ch.47 Sources of International Trade Law: Mantras and Controversies at the World Trade Organization
- Ch.48 Sources of International Trade Law: Understanding What the Vienna Convention Says About Identifying and Using ‘Sources For Treaty Interpretation’
- I Introduction
- II Article 31 and ‘Authentic’ Materials for Interpretation
- III Article 32 and ‘Supplementary Means of Interpretation’
- IV Summary
- Research Questions
- Selected Bibliography
- s.XXV Sources of International Investment Law
- Ch.49 Sources of International Investment Law: Conceptual Foundations of Unruly Practices
- I Introduction
- II The Sources of International Investment Law: A Primer
- III The Law(s) of Foreign Investment Regulation
- IV The Distance between Investment Norms and their Jurisprudential Application
- V Customary Law in Investment Regulation
- VI Concluding Observations: The Normative Pull of the Theory of Sources
- Research Questions
- Selected Bibliography
- Ch.50 Sources of International Investment Law: Multilateralization, Arbitral Precedent, Comparativism, Soft Law
- Ch.49 Sources of International Investment Law: Conceptual Foundations of Unruly Practices
- s.XXVI Sources of International Law in Domestic Law
- Ch.51 Sources of International Law in Domestic Law: Domestic Constitutional Structure and the Sources of International Law
- Ch.52 Sources of International Law in Domestic Law: Relationship Between International and Municipal Law Sources
- I Introduction
- II The Relevance of Municipal Law for the Sources of International Law
- III The Jurisgenerative Effect of Domestic Court Decisions
- IV Transnational Judicial Dialogue and Comparative International Law as Mechanisms of International Law Development
- V Domestic Law Particularities as a Complicating Factor
- VI The Danger of Cherry-Picking
- VII Towards a More Objective Comparative International Law Process
- VIII Concluding Observations
- Research Questions
- Selected Bibliography
- s.XX Sources of International Human Rights Law
- Further Material