The sources of international law
著者
書誌事項
The sources of international law
（Foundations of public international law）
Oxford University Press, 2014
- : hbk
- : pbk
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注記
Includes bibliographical references and index
内容説明・目次
内容説明
In recent years States have made more and more extensive use of the International Court of Justice for the judicial settlement of disputes. Despite being declared by the Courts Statute to have no binding force for States other than the parties to the case, its decisions have come to constitute a body of jurisprudence that is frequently invoked in other disputes, in international negotiation, and in academic writing. This jurisprudence, covering a wide range of
aspects of international law, is the subject of considerable ongoing academic examination; it needs however to be seen against the background, and in the light, of the Courts structure, jurisdiction and operation, and the principles applied in these domains. The purpose of this book is thus to provide an
accessible and comprehensive study of this aspect of the Court, and in particular of its procedure, written by a scholar who has had unique opportunities of close observation of the Court in action. This distillation of direct experience and expertise makes it essential reading for all those who study, teach or practise international law.
目次
- 1. The nature of international law and the concept of sources
- 2. The classic definition: Article 38 of the ICJ Statute and its background
- 3. Application of the classic definition to the production of exceptional norms peremptory norms (jus cogens)
- rights and obligations erga omnes
- non-binding norms
- "soft law"
- 4. Non-statutory sources
- 5. Specialised fields, including human rights
- judicial procedure, in particular that of the ICJ
- UN procedural law
- 6. Other possible contributors to law: international corporations
- national courts
- 7. Conclusion
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