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Contemporary International Law-Making: A Reassessment Of The Theory Of Formal "Sources" Of International Law

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Chapter Summary

The ways and means whereby International Law nowadays manifests itself surely do not exhaust themselves in the consideration of its formal sources. The growing complexity of the process of formation of contemporary International Law is a challenge to its scholarship, nowadays perhaps to a greater extent than in the past. Article 38 itself of the ICJ Statute duly qualifies international custom in referring to it as evidence of a general practice accepted as law. In the last decades, a great part of legal doctrine has accommodated itself to reviewing the list of the formal sources of International Law; yet, as already pointed out, the study of the formation of International Law is far from exhausting itself in those formal sources. In recent years an increasing attention has been turned to the element of opinio juris in the very formation of contemporary international law.

Keywords: Contemporary International Law; formal sources; ICJ Statute; Opinio Juris



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