Introduction -- The concept and the rationale of formalism in international law -- The emergence of formal law-ascertainment in the theory of the sources of international law -- The critiques of formal law-ascertainment in the theory of the sources of international law -- Deformalization of law-ascertainment in contemporary theory of the sources of international law -- Lessons from the discontent with formalism -- The configuration of formal ascertainment of international law: the source thesis -- The foundations of formal ascertainment of international law: the social thesis -- Concluding remarks: ascertaining international legal rules in the future
Summary
As a result of the growing prominence of international organizations and non-binding instruments there is increasing controversy as to how to delineate the boundaries of international law. This book advocates a return to a more formal way of determining what is and isn't international law
Bibliography
Includes bibliographical references (pages 225-258) and index