The Oxford Handbook of the Sources of International Law

Edited by Jean d'Aspremont, Samantha Besson, and with the assistance of Sévrine Knuchel

Oxford Handbooks

Critically examines the doctrines, practices, discourses, and debates on the sources of international law
Offers insight from well-established and respected academics, whose contributions seek to extend the limits of traditional thinking on the scope of international law itself
Provides analysis through a dialectical structure with the first author directly addressing the issue, and the second offering critical comment and their own theoretical and analytical insights

The Oxford Handbook of the Sources of International Law

Edited by Jean d'Aspremont, Samantha Besson, and with the assistance of Sévrine Knuchel

Description

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? This is the static question of the pedigree of international legal rules and the boundaries of the international legal order. Second, what are the processes through which these rules are made? This is the dynamic question of the making of these rules and of the exercise of public authority in international law.

The Oxford Handbook on the Sources of International Law is the very first comprehensive work of its kind devoted to the question of the sources of international law. It provides an accessible and systematic overview of the key issues and debates around the sources of international law. It also offers an authoritative theoretical guide for anyone studying or working within but also outside international law wishing to understand one of its most foundational questions. This Handbook features original essays by leading international law scholars and theorists from a range of traditions, nationalities and perspectives, reflecting the richness and diversity of scholarship in this area.

The Oxford Handbook of the Sources of International Law

Edited by Jean d'Aspremont, Samantha Besson, and with the assistance of Sévrine Knuchel

Oxford Handbooks

Part I : The Histories
1. Sources in the scholastic legacy, Peter Haggenmacher; Annabel Brett
2. Sources in the modern tradition, Dominique Gaurier; Randall Lesaffer
3. Sources in the 19th Century European tradition, Milos Vec; Lauri Malksoo
4. The history of Article 38 of the Statute of the International Court of Justice, Ole Spiermann; Malgosia Fitzmaurice
5. Sources in the anti-formalist tradition, Monica Garcia Salmones Revira; Upendra Baxi
6. Sources in the meta-history of international law, Tony Carty; Mark Weston Janis
7. Legal history as a source of international law, Robert Kolb; Samuel Moyn
Part II : The Theories
8. Sources in legal-positivist theories, David Lefkowitz; Jorg Kammerhofer
9. Sources in legal-formalist theories, Jean d'Aspremont; Frederick Schauer
10. Sources in interpretation theories, Ingo Venzke; Duncan Hollis
11. Sources in the meta-theory of international law, Matthias Goldmann; Alexandra Kemmerer
12. Legal theory as a source, Iain Scobbie; Alain Papaux and Eric Wyler
Part III : The Functions
13. Sources and the legality and validity of international law, Pierre d'Argent; Mary Ellen O'Connell and Caleb M. Day
14. Sources and the systematicity of international law, Michael Giudice; Gleider I. Hernández
15. Sources and the hierarchy of international law, Erika de Wet; Mario Prost
16. Sources and the normativity of international law, Detlef von Daniels; Nicole Roughan
17. Sources and the legitimate authority of international law, Richard Collins; José Luis Martí
18. Sources and the subjects of international law, Robert McCorquodale; Bruno de Witte
19. Sources and the enforcement of international law, Yuval Shany; Eleni Methymaki and Antonios Tzanakopoulos
Part IV : The Regimes
20. Sources of international human rights law, Samantha Besson; Bruno Simma
21. Sources of international humanitarian law and international criminal law, Raphaël van Steenberghe; Steven Ratner
22. Sources of international environment law, Catherine Redgwell; Jutta Brunnée
23. Sources of international organizations law, Jan Klabbers; August Reinisch
24. Sources of international trade law, Joost Pauwelyn; Donald H. Regan
25. Sources of international investment law, Jorge E. Viñuales; Stephan W. Schill
26. Sources of international law in domestic law, Ingrid B. Wuerth; Cedric Ryngaert

The Oxford Handbook of the Sources of International Law

Edited by Jean d'Aspremont, Samantha Besson, and with the assistance of Sévrine Knuchel

Oxford Handbooks

Author Information

Jean d'Aspremont, Professor of Public International Law at the University of Manchester, ,Samantha Besson, Professor of Public International Law and European Law at the University of Fribourg,

Professor Samantha Besson holds the Chair of Public International Law and European Law at the University of Fribourg. She studied in Fribourg, Oxford, Bern and New York. She has taught as a visiting professor at the Universities of Oxford, Geneva, Zurich, Duke, Lausanne, and Lisbon. She has also been working in different capacities for The Hague Academy of International Law, first as the Coordinator of the Annual Seminar for Practitioners between 2009 and 2013 and, most recently, as a Director of Studies in July 2013.

Professor Jean d'Aspremont is Chair of Public International Law at the University of Manchester. He also holds a Chair of International Legal Theory at the University of Amsterdam. He studied in Cambridge and Louvain. Before moving to Amsterdam and Manchester, he was Assistant Professor of International Law at the University of Leiden and Director of the LL.M. in Public International Law. He also used to be Guest Professor at the University of Louvain as well as at the University of Lille. He is Editor-in-Chief of the Leiden Journal of International Law.

Contributors:

Samantha Besson
Jean d'Aspremont
Peter Haggenmacher
Annabel Brett
Dominique Gaurier
Randall Lesaffer
Milos Vec
Lauri Mälksoo
Ole Spiermann
Malgosia Fitzmaurice
Monica Garcia Salmones
Upendra Baxi
Tony Carty
Mark Weston Janis
Robert Kolb
Samuel Moyn
David Lefkowitz
Jörg Kammerhofer
Mary Ellen O'Connell
Jean d'Aspremont
Frederick Schauer
Ingo Venzke
Duncan Hollis
Alexandra Kemmerer
Matthias Goldmann
Iain Scobbie
Alain Papaux
Eric Wyler
Pierre d'Argent
Michael Giudice
Erika de Wet
Mario Prost
Detlef von Daniels
Nicole Roughan
Richard Collins
José Luis Marti
Robert McCorquodale
Bruno de Witte
Yuval Shany
Antonios Tzanakopoulos
Raphaël van Steenberghe
Steven Ratner
Catherine Redgwell
Jutta Brunnée
Jan Klabbers
August Reinisch
Joost Pauwelyn
Donald Regan
Caleb M. Day
Eleni Methymaki
Gleider I. Hernández
Jorge E. Viñuales
Stephan W. Schill
Ingrid B. Wuerth
Cedric Ryngaert

The Oxford Handbook of the Sources of International Law

Edited by Jean d'Aspremont, Samantha Besson, and with the assistance of Sévrine Knuchel

Oxford Handbooks

Reviews and Awards

"The editors and contributors to this book have put together an unrivalled collection on one of the most debated topic within the discipline of international law: sources. It is a rich and fascinating collection about the sources of international law, with attention being paid to the histories, theories, functions and regimes of the sources of international law." -- P. Sean Morris, Nordic Journal of International Law