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date: 23 January 2020

Abstract and Keywords

This introductory chapter offers a brief overview on the sources of international law. It first highlights the importance of and the controversies surrounding the sources of international law, touching upon the nature, legality, normativity, and legitimacy of international law, as well as the sites and tools of its contestation. The chapter then turns to the historical origins of the sources of international law, asserting that the sources of international law are in fact a product of the Enlightenment project and, arguably, of the liberal doctrine of politics. Finally, the chapter takes a look at how the dominant adherence to the sources of international law has been accompanied by constant contestation among international lawyers about their origins, criteria, functions, unity, and hierarchy. The chapter concludes with a brief summary of the following chapters.

Keywords: Implicit choice of law, Treaty provisions, Choice of law

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