The international legal system has weathered sweeping changes over the last decade as new participants have emerged. International law-making and law-enforcement processes have become increasingly multi-layered with unprecedented numbers of non-State actors, including individuals, insurgents, multinational corporations and even terrorist groups, being involved. This growth in the importance of non-State actors at the law-making and law-enforcement levels has generated a lot of new scholarly studies on the topic. However, while it remains uncontested that non-State actors are now playing an...
The international legal system has weathered sweeping changes over the last decade as new participants have emerged. International law-making and l...
This book revisits the theory of the sources of international law from the perspective of formalism. It critically analyzes the virtues of formalism, construed as a theory of law ascertainment, as a means of distinguishing between law and non-law. The theory of formalism is re-evaluated against the backdrop of the growing acceptance by international legal theorists of the blurring of the lines between law and non-law. At the same time, the book acknowledges that much international normative activity nowadays takes place outside the ambit of traditional international law and that only a...
This book revisits the theory of the sources of international law from the perspective of formalism. It critically analyzes the virtues of formalism, ...
Jean D'Aspremont Tarcisio Gazzini Andre Nollkaemper
This collection of self-reflective essays explores the relations between international legal professions and their respective understandings of international law.
This collection of self-reflective essays explores the relations between international legal professions and their respective understandings of intern...
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 "law," i.e. legally binding norms? This is the static question of the pedigree of international legal rules and the boundaries of the...
The question of the sources of international law inevitably raises some well-known scholarly controversies: where do the rules of international law co...
