
Contents
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2 Sources in the Scholastic Legacy: The (re)Construction of the Ius Gentium in the Second Scholastic
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I. Introduction I. Introduction
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II. IEL and the Traditional Sources of International Law II. IEL and the Traditional Sources of International Law
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1. Treaties 1. Treaties
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a. Stability and Flexibility in IEL Treaty Regimes: The Example of UNCLOS a. Stability and Flexibility in IEL Treaty Regimes: The Example of UNCLOS
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2. Customary International Law 2. Customary International Law
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3. General Principles of Law 3. General Principles of Law
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4. Judicial Decisions 4. Judicial Decisions
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III. Soft Law in International Environmental Law-Making III. Soft Law in International Environmental Law-Making
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IV. Conclusion: Sources of International Law from an Environmental Perspective IV. Conclusion: Sources of International Law from an Environmental Perspective
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Research Questions Research Questions
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Selected Bibliography Selected Bibliography
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43 Sources of International Environmental Law: Formality and Informality in the Dynamic Evolution of International Environmental Law Norms
Get accessCatherine Redgwell Chichele Professor of Public International Law at the University of Oxford, United Kingdom.
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Published:05 February 2018
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Abstract
This chapter considers the applicability to environmental problems of the traditional sources of international law, using as the starting point the formal sources enumerated in Article 38 of the International Court of Justice (ICJ) Statute. It notes that leading treatises on international environmental law (IEL) and the account of the formal sources of IEL will likely start along the traditional positivist lines of Article 38. This chapter adheres to this practice to an extent—by discussing treaties, customary international law, and general principles. However, the discussion also moves on to, amongst other things, innovative methods of law creation, the dynamic evolution of environmental treaty texts, and the specific role played by soft law in the development and application of international environmental norms. The chapter concludes that, nonetheless, as a branch of general international law, the sources of international environmental law are the same.
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