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The theory and reality of the sources of international law

Roberts, Anthea; Sivakumaran, Sandesh


The classic starting point for identifying the sources of international law is Article 38 of the ICJ Statute, which refers to three sources: treaties, customary international law, and general principles of law; as well as two subsidiary means for determining rules of law, namely judicial decisions and the teachings of publicists. However, Article 38 does not adequately reflect how the doctrine of sources operates in practice because it omits important sources of international law while...[Show more]

CollectionsANU Research Publications
Date published: 2018
Type: Book chapter
Book Title: International Law
DOI: 10.1093/he/9780198791836.003.0004


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