International Law (Guidebook) (Guidebook)

Author: TIMHILLIER
Publisher:
Publish Date: 2005-03-01
Features: This book covers the fundamental theoretical issues of international law. It focuses on the historical development of international law, such as the Treaty of Westphalia, the founding figure of modern international law, Grotius, and his seminal work De Jure Belli ac Pacis. It also analyzes the legal nature of international law by incorporating the perspectives of international law scholars from different eras. Finally, it argues for the uniqueness of the coercive force of international law by comparing it with domestic law. The book begins with Article 38 of the Statute of the International Court of Justice to systematically elaborate on the sources of international law. Treaties and international customs are strictly legal sources of international law. International customs are binding rules of conduct formed through the practices of states. The formation of international customs must also meet two conditions: material factors and psychological factors. General principles of law, judicial decisions, the doctrines of the most authoritative public law scholars in various states, and resolutions of important international organizations all fall under the broader sources of international law.