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2 Sources of International Law: Provenance and Problems

From: Problems and Process: International Law and How We Use It

Rosalyn Higgins

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 08 December 2022

Subject(s):
Customary international law — Opinio juris — Codification — Resolutions of international organizations — Treaties, interpretation — Exclusive economic zone — Unilateral acts — State succession
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...
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