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The Sources of International Law
Foundations of Public International Law
Synopsis
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.
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What Reviewers Are Saying
The Sources of International Law is an erudite work about particular sources of international law and more generally about the concept of sources. International lawyers, positivist and nonpositivist alike, will find in it much to contemplate. So, too, will those who approach international law from an interdisciplinary perspective and who want to understand one influential legal theory about the discipline. Thirlway pushes all of us to think anew about what
counts as law?, why are rules binding?, and why those questions are important. * John E. Noyes, California Western School of Law, The American Journal of International Law * It can hardly be contested that SIL constitutes a splendid and comprehensive cartographic exercise that offers a snapshot of where the doctrine of the sources of international law stands... SIL [is] destined to be the new authoritative compendium on the sources of international law and reach the pantheon of the classics of intentional law shortly. * Jean dAspremont, German Yearbook of International Law * It is an up-to date, major and valuable attempt to tackle the doctrine of sources and related doctrines at the time of complex developments that at times place these doctrines under strain. It should be read and engaged widely by scholars, students and practitioners to identify the major points of underlying debates. * Alexander Orakhelashvili, The British Yearbook of International Law *