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Formalism and the Sources of International Law
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Formalism and the Sources of International Law: A Theory of the Ascertainment of Legal Rules

Jean d'Aspremont

Abstract

This book revisits the theory of the sources of international law from the perspective of formalism. It critically analyzes the virtues of formalism, construed as a theory of law ascertainment, as a means of distinguishing between law and non-law. The theory of formalism is re-evaluated against the backdrop of the growing acceptance by international legal theorists of the blurring of the lines between law and non-law. At the same time, the book acknowledges that much international normative activity nowadays takes place outside the ambit of traditional international law and that only a limited ... More

Keywords: international law, sources, formalism, ascertainment, unilateralact, legal theory, legal realism, postmodernism, jurisprudence

Bibliographic Information

Print publication date: 2011 Print ISBN-13: 9780199696314
Published to Oxford Scholarship Online: January 2012 DOI:10.1093/acprof:oso/9780199696314.001.0001

Authors

Affiliations are at time of print publication.

Jean d'Aspremont, author
Associate Professor of International Law, Amsterdam Center for International Law, University of Amsterdam

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