The Oxford Handbook of the Sources of International Law

The question of the sources of international law inevitably raises some well-known scholarly controversies: where do the rules of international law come from? And more precisely: through which processes are they made, how are they ascertained, and where does the international legal order begin and end? This is the static question of the pedigree of international legal rules and the boundaries of the international legal order. Second, what are the processes through which these rules are made? This is the dynamic question of the making of these rules and of the exercise of public authority in international law.


The Oxford Handbook on the Sources of International Law is the very first comprehensive work of its kind devoted to the question of the sources of international law. It provides an accessible and systematic overview of the key issues and debates around the sources of international law. It also offers an authoritative theoretical guide for anyone studying or working within but also outside international law wishing to understand one of its most foundational questions. This Handbook features original essays by leading international law scholars and theorists from a range of traditions, nationalities and perspectives, reflecting the richness and diversity of scholarship in this area.

Jean d'Aspremont, Professor of Public International Law at the University of Manchester, ,Samantha Besson, Professor of Public International Law and European Law at the University of Fribourg,

Professor Samantha Besson holds the Chair of Public International Law and European Law at the University of Fribourg. She studied in Fribourg, Oxford, Bern and New York. She has taught as a visiting professor at the Universities of Oxford, Geneva, Zurich, Duke, Lausanne, and Lisbon. She has also been working in different capacities for The Hague Academy of International Law, first as the Coordinator of the Annual Seminar for Practitioners between 2009 and 2013 and, most recently, as a Director of Studies in July 2013.

Professor Jean d'Aspremont is Chair of Public International Law at the University of Manchester. He also holds a Chair of International Legal Theory at the University of Amsterdam. He studied in Cambridge and Louvain. Before moving to Amsterdam and Manchester, he was Assistant Professor of International Law at the University of Leiden and Director of the LL.M. in Public International Law. He also used to be Guest Professor at the University of Louvain as well as at the University of Lille. He is Editor-in-Chief of the Leiden Journal of International Law.

Part I : The Histories
1. Sources in the scholastic tradition, Peter Haggenmacher; Annabel Brett
2. Sources in the modern tradition, Dominique Gaurier; Randall Lesaffer
3. Sources in the 19th Century European tradition, Milos Vec; Lauri Malksoo
4. The history of Article 38 of the Statute of the International Court of Justice, Ole Spiermann; Malgosia Fitzmaurice
5. Sources in the anti-formalist tradition, Monica Garcia Salmones; Upendra Baxi
6. Sources in the meta-history of international law, Tony Carty; Mark Weston Janis
7. Legal history as a source, Robert Kolb; Samuel Moyn
Part II : The Theories
8. Sources in legal positivist theories, David Lefkowitz; Jorg Kammerhofer
9. Sources in natural law theories, Mattias Kumm; Mary Ellen O'Connell
10. Sources in legal formalist theories, Jean d'Aspremont; Frederick Schauer
11. Sources in critical legal theories, Sahib Singh; Akbar Rasulov
12. Sources in interpretation theories, Ingo Venzke; Duncan Hollis
13. Sources in the meta-theory of international law, Alexandra Kemmerer; Matthias Goldmann
14. Legal theory as a source, Iain Scobbie; Alain Papaux and Eric Wyler
Part III : The Functions
15. Sources and the legality and validity of international law, Pierre d'Argent; Robert Cryer
16. Sources and the systematicity of international law, James Crawford; Michael Giudice
17. Sources and the hierarchy of international law, Erika de Wet; Mario Prost
18. Sources and the normativity of international law, Detlef von Daniels; Nicole Roughan
19. Sources and the legitimate authority of international law, Richard Collins; Jose Luis Marti
20. Sources and the subjects of international law, Robert McCorquodale; Bruno de Witte
21. Sources and the enforcement of international law, Yuval Shany; Antonios Tzanakopoulos
Part IV : The Regimes
22. Sources of international human rights law, Samantha Besson; Bruno Simma
23. Sources of international humanitarian law and international criminal law, Raphael van Steenberghe; Steven Ratner
24. Sources of international environment law, Catherine Redgwell; Jutta Brunnee
25. Sources of international organizations law, Jan Klabbers; August Reinisch
26. Sources of international trade law, Joost Pauwelyn; Donald Regan
27. Sources of international investment law, Jorge Vinuales; Stephan Schill
28. Sources of international law in domestic law, Ingrid Wuerth; Cedric Ryngaert