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International Law: Sources of Law
Create from Seton Hall Law Guide located at: https://shlawlibrary.libguides.com/IntLaw
State Practice (National and Foreign Law)
State Practice in the International Law context refers to the practices followed by a state's sense of legal obligation. The International Court of Justice's website states that "The Court's decisions show that a State which relies on an alleged international custom practiced by States must, generally speaking, demonstrate to the Court's satisfaction that this custom has become so established as to be legally binding on the other party."
- Digest of United States Practice in International LawThe U.S. Department of State Office of the Legal Adviser publishes the annual Digest of United States Practice in International Law to provide the public with a ready source of current information on the views and practice of the Government of the United States in the arena of public and private international law.
- Restatement on Foreign Relations Law of the United StatesAddresses the relationship of the foreign relations law of the United States to international law.It is divided into three parts: jurisdiction, treaties, and sovereign immunity.
- International Yearbooks and PeriodicalsFor state practice of countries in Africa, Asia, Australia, the Baltics, Canada, China (Taiwan), Finland, Ireland, Italy, New Zealand, Palestine, Phillipines, Poland, Singapore, South Africa, Spain, and United Kimgdom.
Custom and Other Principles
Customary international law (CIL), also called "international custom," is an important part of international law. It consists of "a uniform and consistent practice in relationship between nations that serves as evidence of a generally accepted law." [Black's Law Dictionary, 10th ed.]. Customary international law is considered binding, but whether a particular practice rises to the level of CIL is often hotly disputed.
Customary international can be hard to research. And there is no single research strategy. Throughout your research, watch for synonyms and related concepts. Emerging CIL principles are prone to changes in terminology; e.g., humanitarian intervention was briefly known as the Annan Doctrine, but is now often called "responsibility to protect" or "R2P."
Some useful sources to gain an understanding of CIL held by Rodino are listed below.
Brownlie's Principles of Public International Law by Call Number: KZ3225.B76 A37 2012 (Fifth Fl.)ISBN: 9780199654178Publication Date: 2012-11-25Also available as e-biik.
Serving as a single volume introduction to the field as a whole, the book seeks to present international law as a system that is based on, and helps structure, relations among states and other entities at the international level. It aims to identify the constituent elements of that system in a clear and accessible fashion. This eighth edition, fully updated by James Crawford, Whewell Professor of International Law at the University of Cambridge, continues to provide the balance, clarity and expertise expected from this classic text. Completely updated to take account of the many areas of expansion and development ininternational law which have occurred since earlier editions, all chapters have been reviewed and brought up to date.
The Limits of International Law by Call Number: E-bookISBN: 9780198037668Publication Date: 2005-01-01International law is much debated and discussed, but poorly understood. Does international law matter, or do states regularly violate it with impunity? If international law is of no importance, then why do states devote so much energy to negotiating treaties and providing legal defenses for their actions? In turn, if international law does matter, why does it reflect the interests of powerful states, why does it change so often, and why are violations of international law usually not punished?In this book, Jack Goldsmith and Eric Posner argue that international law matters but that it is less powerful and less significant than public officials, legal experts, and the media believe. International law, they contend, is simply a product of states pursuing their interests on the international stage. It does not pull states towards compliance contrary to their interests, and the possibilities for what it can achieve are limited. It follows that many global problems are simply unsolvable.The book has important implications for debates about the role of international law in the foreign policy of the United States and other nations. The authors see international law as an instrument for advancing national policy, but one that is precarious and delicate, constantly changing in unpredictable ways based on non-legal changes in international politics. They believe that efforts to replace international politics with international law rest on unjustified optimism about international law's past accomplishments and present capacities.
The Fundamental Rules of the International Legal Order by Call Number: E-bookISBN: 9789047417828Publication Date: 2006-01-01This work, the outgrowth of a joint reflection by French and German international lawyers, attempts to reconceptualize the doctrine of hierarchy in international law by emphasizing that a clear distinction should be drawn between primary rules, which encapsulate precepts for the protection of the basic values of the international community, and secondary rules, which determine the regime of legal consequences flowing from a breach of such rules of conduct.
Custom, Power and the Power of Rules by Call Number: E-bookISBN: 9780511491269Publication Date: 2009-09-22This book sets out to explain the most foundational aspect of international law in international relations terms. By doing so it goes straight to the central problem of international law - that although legally speaking all states are equal, socially speaking they clearly are not.
Parry and Grant Encyclopaedic Dictionary of International Law by Call Number: E-bookISBN: 9780199874910Publication Date: 2009-01-01For nearly thirty-five years, the international legal community has relied on one ambitious yet humble volume as a starting point for legal questions. This classic red volume is a one-of-a-kind reference tool that brings together both terminology and pertinent descriptive information on international law. This book will also be available online as an e-reference on the Oxford University Press Digital Reference Shelf.Now in its third edition, The Parry and Grant Encyclopaedic Dictionary of International Law is completely updated and expanded to include increased coverage in growing areas of international law including diplomatic law, criminal law, human rights, and more. Over 2,500 entries (over a 20% increase in content from the previous edition) provides the reader with copious references for further research including cases, treaties, journal articles, and websites.Its alphabetically arranged entries allow the reader to form a deeper understanding than a mere definition could supply and offer concise but substantial information on such essentials of international law as:Legal terms as used in international lawSignificant doctrinesProminent cases, decisions and arbitrationImportant incidentsJudicial and literary figuresTreaties and conventionsOrganizations and institutionsAcronyms
Continue Your Research
- Search for more books in Oxford Scholarly Authorities in International Law.
- Find primary sources on custom and other fundamental principles in statements by the International Law Commission, some decisions of the International Court of Justice, and some resolutions of the UN's General Assembly and Security Council. Check out Restatement on Foreign Relations Law of the United States.