I. The nature of international law and the concept of sources Introduction Formal and material sources Enumeration of the recognized formal sources Nature and operation of the sources Whose law? States and non-State actors Are there additional sources, not in Article 38? ; Unilateral acts ; Decisions of international organizations ; Agreements between States and international enterprises ; Other proposals Religious law as a rival or additional source Is the theory of sources still sufficient? II. Treaties and conventions as a source of law Pacta sunt servanda The limits of treaty-law : jus cogens and the relative effect of treaties Commitment to the treaty-obligations Unilateral acts as inchoate treaties? III. Custom as a source of law Introduction Constituent elements of custom ; Introduction ; State practice ; The opinio juris ; The role of General Assembly resolutions Changes in customary law The relevance of ethical principles to customary law The 'persistent objector' General and local customary law IV. General principles of law as a source of law What are the 'general principles of law'? The role of equity General principles of law and non liquet V. The subsidiary sources Introduction Judicial decisions ; International tribunals ; Municipal courts The teachings of publicists VI. Interaction or hierarchy between sources Simultaneous and identical obligations under treaty and under customary law The 'hierarchy of sources' VII. Specialities : jus cogens, obligations erga omnes, soft law Superior norms and their sources : jus cogens and obligations erga omnes ; The source or sources of obligations erga omnes ; The source or sources of norms of jus cogens Soft law VIII. Subsystems of international law 'Self-contained regimes' and their limits Human rights law ; Human rights law under treaty and as custom ; Human rights as deriving from general principles ; Human rights and Islam Humanitarian law ; Treaties and conventions ; Customary law or an independent source of law? WTO, ICSID : trade and investment law dispute settlement International environmental issues International criminal law IX. Alternative approaches Alternatives to the traditional doctrine of sources as a whole ; Rational choice theory : Andrew T. Guzman ; Jean d'Aspremont : Formalism and the sources of international law ; Matthias Goldmann : standard instruments for the exercise of international public authority New approaches to customary law ; 'A new theory with practical applications' : Brian D. Lepard ; Reconciliation of 'traditional' and 'modern' approaches : Anthea Roberts X. Some concluding reflections.
Bibliography, etc. Note
Includes bibliographical references and index.
Available in Other Form
Online version: Thirlway, H.W.A., 1937- Sources of international law. First edition. Oxford, United Kingdom ; New York, NY : Oxford University Press, 2014
KZ1279 .T45 2014
9780199685394 (hardback) 0199685398 (hardback) 9780199685400 (paperback) 0199685401 (paperback)