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Full-Text Articles in Law
Understanding What The Vienna Convention Says About Identifying And Using 'Sources For Treaty Interpretation', Donald H. Regan
Understanding What The Vienna Convention Says About Identifying And Using 'Sources For Treaty Interpretation', Donald H. Regan
Book Chapters
International trade law is overwhelmingly treaty-based. In the traditional sense of ‘sources of law’, the World Trade Organization (WTO) treaty is the unique source of WTO law, for practical purposes. Customary law and general principles play (p. 1048) virtually no role as independent sources of substantive law. But the WTO treaty, like any treaty, requires interpretation, and there are vexed questions about what we might call the ‘sources for treaty interpretation’. What materials other than the treaty text may be used in interpreting the treaty? And how are they to be used? These questions arise both for materials internal to …
War/Crimes And The Limits Of The Doctrine Of Sources, Steven R. Ratner
War/Crimes And The Limits Of The Doctrine Of Sources, Steven R. Ratner
Book Chapters
International humanitarian law (IHL) and international criminal law (ICL) are the product of lawmaking processes that are not captured in the black-letter doctrine of sources under which Article 38 of the ICJ Statute is the rule of recognition for international law. Despite efforts by certain institutional players and scholars to place these two regimes squarely within Article 38, both remain distinct in terms of how actors determine whether a purported rule is a legal rule. These distinctions constitute a challenge to the idea of a unified rule of recognition and argue instead for looking for indicators (not rules) about a …