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...