Revue de presse
It is an up-to date, major and valuable attempt to tackle the doctrine of sources and related doctrines at the time of complex developments that at times place these doctrines under strain. It should be read and engaged widely by scholars, students and practitioners to identify the major points of underlying debates. (Alexander Orakhelashvili, The British Yearbook of International Law)
Présentation de l'éditeur
still an adequate definition of the sources of international law, and how they may operate in modern international society, has been questioned in significant ways. Taking Article 38 ICJ Statute as starting-point, this book provides a careful assessment of all the recognised, or asserted, sources of
Among the issues considered are: the impact of ethical principles on the creation of international law; the existence of peremptory norms (those of jus cogens), and whether they come into being through the same sources as other norms; the place of these, and of norms involving rights and obligations erga omnes, in the operation of international legal relationships; the definition and role of 'general principles of law'; whether any of international law's sub-disciplines
involve the application of additional sources; and the continuously evolving relationship between treaty-based law and customary international law. Re-examining the traditional model, the work takes account of the increasing role of international jurisprudence, and looks at international organisations and non-state
actors as potential new sources of international law. The book provides a perfect introduction to the law of sources, as well as innovative perspectives on new developments, making it essential reading for anyone studying or working in any field of international law.