Download this Paper Open PDF in Browser

Sources of International Law in the 19th Century European Tradition: Insights from Practice and Theory

Forthcoming in J. d’Aspremont, S. Besson (eds) The Oxford Handbook on the Sources of International Law (OUP, 2017)

21 Pages Posted: 2 May 2017  

Lauri Mälksoo

University of Tartu

Date Written: April 28, 2017

Abstract

How were sources of international law seen at a time before the were 'codified' in the Statute of the Permanent Court of International Justice in 1920? Was there a struggle between positivist and natural law ideas as often postulated in the literature? The article examines both the theory and practice of international law in the late 19th century and discusses how we ended up with the catalogue of sources of international law as we currently have it in Article 38 of the Statute of the ICJ.

Suggested Citation

Mälksoo, Lauri, Sources of International Law in the 19th Century European Tradition: Insights from Practice and Theory (April 28, 2017). Forthcoming in J. d’Aspremont, S. Besson (eds) The Oxford Handbook on the Sources of International Law (OUP, 2017). Available at SSRN: https://ssrn.com/abstract=2960446

Lauri Mälksoo (Contact Author)

University of Tartu ( email )

Ülikooli 18
Tartu, 50090
Estonia

Paper statistics

Downloads
77
Rank
270,879
Abstract Views
179