On the Foundations and Sources of International Law

2003

Authors: Ige F. Dekker: Utrecht University, Utrecht, The Netherlands
Harry Post: University of Essex, UK
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Details

Published:
2003
Pages:
218 pp.
Publisher:
T.M.C. ASSER PRESS
Distributor:
ISBN:
978-90-6704-158-4

The contributions included in this book, all written by renowned scholars, examine some of the long-standing fundamental issues of international law. The main part concerns the question: how is international law made and applied? A highly original, systematic assessment of the formation of customary international law by Herman Meijers - now for the first time published in English - provides an answer to this question. Two other long-standing fundamental issues are also examined.

Firstly, the plausibility of the hypothesis that international law is complete on the basis of the existence of a so-called ‘closing rule’. Secondly, a study of the principle of the genuine link in the modern law of the sea demonstrates that its livelihood is so limited that a post mortem is justified. The volume is concluded by a discussion on a paradoxical aspect of the law of treaties, namely regarding the right of the parties to terminate their agreements.

This book is a valuable contribution to the ongoing debate on the foundation and sources of international law and as such is an appropriate tribute to Professor Herman Meijers.


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