- The Oxford Handbook of the Theory of International Law
- Dedication
- Acknowledgements
- Table of Cases
- Table of Legislation
- Notes on Contributors
- Introduction: Theorizing International Law
- Theorizing the Turn to History in International Law
- Roman Law and the Intellectual History of International Law
- Transformations of Natural Law: Germany 1648–1815
- Hugo Grotius: The Making of a Founding Father of International Law
- The Critique of Classical Thought during the Interwar Period: Vattel and Van Vollenhoven
- The Ottoman Empire, the Origins of Extraterritoriality, and International Legal Theory
- China in the Age of the World Picture
- Imperialism and International Legal Theory
- Early Twentieth-Century Positivism Revisited
- Hans Kelsen and the Return of Universalism
- Schmitt, Schmitteanism and Contemporary International Legal Theory
- Hannah Arendt and International Law
- International Legal Theory in Russia: A Civilizational Perspective, or Can Individuals be Subjects of International Law?
- Natural Law in International Legal Theory: Linear and Dialectical Presentations
- Marxist Approaches to International Law
- Realist Approaches to International Law
- Constructivism and the Politics of International Law
- The International Signs Law
- Moral Philosophy and International Law
- International Legal Positivism
- Yale’s Policy Science and International Law: Between Legal Formalism and Policy Conceptualism
- International Law and Economics: Letting Go of the ‘Normal’ in Pursuit of An Ever-Elusive Real
- Liberal Internationalism
- Feminist Approaches to International Law
- Kant, Cosmopolitanism, and International Law
- Global Administrative Law and Deliberative Democracy
- Towards a New Theory of Sources in International Law
- Something to do with States
- Theorizing Recognition and International Personality
- Theorizing Jurisdiction
- Theorizing International Organizations
- Theorizing the Corporation in International Law
- Theorizing International Law on Force and Intervention
- Theorizing Human Rights
- Theorizing Free Trade
- International Criminal Law: Theory All Over the Place
- Theorizing the Laws of War
- Theories of Transitional Justice: Cashing in the Blue Chips
- Theorizing International Environmental Law
- Theorizing International Law and Development
- Theorizing Responsibility
- Theorizing Private International Law
- Transnational Migration, Globalization, and Governance: Theorizing a Crisis
- Religion, Secularism, and International Law
- The Idea of Progress
- International Legalism and International Politics
- Creating Poverty
- Fragmentation and Constitutionalization
- Index
Abstract and Keywords
This chapter seeks to advocate a specific avenue for reconstructing the theory of sources beyond naïve objectivism. It looks at how the theory of sources came to be crafted as a platform for the objectivizing of meaning and a bridle to crude politics, and how it failed in that liberal project. Yet, it argues thereafter that this possible failure of the classical theory of sources should not be construed as a failure of the principle of such a theory, but rather the failure of the specific (representation of the) theory of sources as it was inherited from the twentieth century and depicted by its critiques. More specifically, this chapter puts forward a social theory of sources that makes it possible to construe the theory of sources as a tradition and a practice rather than as a set of rules that operates mechanically.
Keywords: Responsibility of international organizations, Customary international law, General principles of international law, Relationship of international law and host state law, Sources of international law
Jean d'Aspremont, Professor of Public International Law and Co- Director of the Manchester International Law Centre at the University of Manchester, and Professor of International Legal Theory at the University of Amsterdam
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- The Oxford Handbook of the Theory of International Law
- Dedication
- Acknowledgements
- Table of Cases
- Table of Legislation
- Notes on Contributors
- Introduction: Theorizing International Law
- Theorizing the Turn to History in International Law
- Roman Law and the Intellectual History of International Law
- Transformations of Natural Law: Germany 1648–1815
- Hugo Grotius: The Making of a Founding Father of International Law
- The Critique of Classical Thought during the Interwar Period: Vattel and Van Vollenhoven
- The Ottoman Empire, the Origins of Extraterritoriality, and International Legal Theory
- China in the Age of the World Picture
- Imperialism and International Legal Theory
- Early Twentieth-Century Positivism Revisited
- Hans Kelsen and the Return of Universalism
- Schmitt, Schmitteanism and Contemporary International Legal Theory
- Hannah Arendt and International Law
- International Legal Theory in Russia: A Civilizational Perspective, or Can Individuals be Subjects of International Law?
- Natural Law in International Legal Theory: Linear and Dialectical Presentations
- Marxist Approaches to International Law
- Realist Approaches to International Law
- Constructivism and the Politics of International Law
- The International Signs Law
- Moral Philosophy and International Law
- International Legal Positivism
- Yale’s Policy Science and International Law: Between Legal Formalism and Policy Conceptualism
- International Law and Economics: Letting Go of the ‘Normal’ in Pursuit of An Ever-Elusive Real
- Liberal Internationalism
- Feminist Approaches to International Law
- Kant, Cosmopolitanism, and International Law
- Global Administrative Law and Deliberative Democracy
- Towards a New Theory of Sources in International Law
- Something to do with States
- Theorizing Recognition and International Personality
- Theorizing Jurisdiction
- Theorizing International Organizations
- Theorizing the Corporation in International Law
- Theorizing International Law on Force and Intervention
- Theorizing Human Rights
- Theorizing Free Trade
- International Criminal Law: Theory All Over the Place
- Theorizing the Laws of War
- Theories of Transitional Justice: Cashing in the Blue Chips
- Theorizing International Environmental Law
- Theorizing International Law and Development
- Theorizing Responsibility
- Theorizing Private International Law
- Transnational Migration, Globalization, and Governance: Theorizing a Crisis
- Religion, Secularism, and International Law
- The Idea of Progress
- International Legalism and International Politics
- Creating Poverty
- Fragmentation and Constitutionalization
- Index