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Formalism and the Sources of International Law
A Theory of the Ascertainment of Legal Rules1179Skickas inom 10-15 vardagar.
Fri frakt inom Sverige för privatpersoner.As a result of the growing prominence of international organizations and non-binding instruments there is increasing controversy as to how to delineate the boundaries of international law. This book advocates a return to a more formal way of determining what is and isn't international law, and suggests ways in which this formalism can be modernized
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Timothy Meyer, Melbourne Journal of International Law The book is a greatly welcome addition to the literature on the sources of international law. Drawing on both general and international legal theory, d'Aspremont develops a formalist theory of how linguistic indicators can and should be used to identify legal norms and distinguish them from non-legal norms.
Massimo Iovane, IYIL The author's attempt to rejuvenate formalism in order to distinguish between law and non-law is certainly laudable and long-awaited among international lawyers.
<br>Jean d'Aspremont is Associate Professor of International Law and Senior Research Fellow of the Amsterdam Center for International Law at the University of Amsterdam. He is also Professor of International Humanitarian Law at the University of Louvain in Belgium. In addition, he is a Senior Editor of the Leiden Journal of International Law. He acted as counsel in proceedings before the International Court of Justice.<br>
1. Introduction; 2. The concept and the rationale of formalism in international law; 3. The emergence of formal law-ascertainment in the theory of the sources of international law; 4. The critiques of formal law-ascertainment in the theory of the sources of international law; 5. Deformalization of law-ascertainment in contemporary theory of the sources of international law; 6. Lessons from the discontent for the sources of international law; 7. Formal law-ascertainment criteria of international legal rules: the source thesis; 8. The foundations of formal law-ascertainment criteria: the social thesis; 9. Concluding remarks: Ascertaining international legal rules in the future