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Author Thirlway, H. W. A., 1937- author.

Title The Sources of International Law / Hugh Thirlway.

Published Oxford : Oxford University Press, 2019.


Location Call No. Status
Edition Second edition.
Physical description 1 online resource
Bibliography Includes bibliographic references and index.
Contents Cover; The Sources of International Law; Copyright; Table of Contents; Glossary of Latin Phrases; Table of Cases; Table of Legislation; I. The Nature of International Law and the Concept of Sources; 1. Introduction; 2. Formal and material sources; 3. Enumeration of the recognized formal sources; 4. Nature and operation of the sources; 5. Whose law? States and non-​State actors; 6. Are there additional formal sources, not in Article 38?; 6(a) Unilateral acts; 6(b) Decisions of international organizations; 6(c) Agreements between States and international enterprises; 6(d) Other proposals
7. Religious law as a rival or additional source8. Is the theory of sources still sufficient?; II. Treaties and Conventions as a Source of Law; 1. Pacta sunt servanda; 2. The limits of treaty-​law: jus cogens and the relative effect of treaties; 3. Commitment to the treaty-​obligations; 4. Unilateral acts as inchoate treaties?; III. Custom as a Source of International Law; 1. Introduction; 2. Constituent elements of custom; 2(a) Two elements or one?; 2(b) State practice; 2(c) The opinio juris; 2(d) The role of international organizations; 3. Changes in customary law
4. The relevance of ethical and similar principles to customary law5. The extent of application of a rule of customary international law; 5(a) General customary law and the 'persistent objector'; 5(b) Particular customary law; IV. General Principles of Law as a Source of Law; 1. What are the 'general principles of law'?; 2. The role of equity; 3. General principles of law and non liquet; V. The Subsidiary Sources; 1. Introduction; 2. Judicial decisions; 2(a) International tribunals; 2(b) Municipal courts; 3. The teachings of publicists; VI. Interaction or Hierarchy between Sources
1. Simultaneous and identical obligations under treaty and under customary law2. The 'hierarchy of sources'; VII. Specialities: jus cogens, Obligations erga omnes, Soft Law; 1. Superior norms and their sources: jus cogens and obligations erga omnes; 1(a) The source or sources of obligations erga omnes; 1(b) The source or sources of norms of jus cogens; 2. Soft law; VIII. Subsystems of International Law; 1. 'Self-​contained regimes' and their limits; 2. Human rights law; 2(a) Human rights law under treaty and as custom; 2(b) Human rights as deriving from general principles
2(c) Human rights and Islam3. Humanitarian law; 3(a) Treaties and conventions; 3(b) Customary law or an independent source of law?; 4. WTO, ICSID: trade and investment law dispute settlement; 5. International environmental issues; 6. International criminal law; IX. Some Alternative Approaches; 1. Inadequacy or irrelevance of recognized sources; 2. The role of ethical principles; 3. The insufficiencies of the theory of international customary law; X. A Brief Note in Conclusion; Index
Reproduction Electronic reproduction. Ann Arbor, MI Available via World Wide Web.
Notes Online resource; title from PDF title page (EBSCO, viewed April 8, 2019).
Other author ProQuest (Firm)
Subject International law -- Sources.
Local series Proquest Ebook Central
ISBN 9780192578914 (electronic book)
019257891X (electronic book)

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