Abstract

http://ssrn.com/abstract=1969795
 


 



Formalism and the Sources of International Law: Introduction


Jean D'Aspremont


University of Manchester - School of Law; University of Amsterdam

December 8, 2011

EXCERPT FROM FORMALISM AND INTERNATIONAL LAW - A THEORY OF THE ASCERTAINMENT OF LEGAL RULES, Oxford University Press, 2011

Abstract:     
This paper constitutes the introduction of the monograph 'Formalism and the Sources of International Law - A Theory of the Ascertainment of Legal Rules' (OUP, 2011). It sketchs out the argument made in the book according to which, if sufficiently rejuvenated, formalism can still be a useful tool to ascertain international legal rules and distinguish law from non-law. To do so, formalism must be grounded in the (ever-evolving) social practice of international law-applying authorities to the extent that the latter can produce sufficient communitarian semantics for the sake of law-identification. The possibility of formal law-identification criteria however presupposes a move away from the mainstream theory of sources of international law as well as a broad conception of what constitutes 'a law-applying authority'. If so refreshed, a formal theory of sources can remain helpful in capturing the new forms of exercise of public authority at the international level.

Number of Pages in PDF File: 13

Keywords: international law, sources, formalism, international legal theory, ascertainment, law-identification, deformalization, custom, treaty, legal act, legal fact, soft law, softness, Herbert Hart, Wittgenstein, non-law, pluralization of international law-making, critical legal studies, Article 38

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Date posted: December 8, 2011 ; Last revised: January 15, 2012

Suggested Citation

d'Aspremont, Jean, Formalism and the Sources of International Law: Introduction (December 8, 2011). EXCERPT FROM FORMALISM AND INTERNATIONAL LAW - A THEORY OF THE ASCERTAINMENT OF LEGAL RULES, Oxford University Press, 2011. Available at SSRN: http://ssrn.com/abstract=1969795

Contact Information

Jean D'Aspremont (Contact Author)
University of Manchester - School of Law ( email )
Manchester M13 9PL
United Kingdom
University of Amsterdam ( email )
Amsterdam Centre for International Law
P.O. Box 1030
Amsterdam, 1000 BA
Netherlands
HOME PAGE: http://home.medewerker.uva.nl/j.daspremont/
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