BOOK CHAPTER: Malgosia FITZMAURICE, "History of Article 38 of the Statute of the International Court of Justice", in: S. BESSON (ed.), Oxford Handbook of Sources of International Law (forthcoming)

 

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International Law Reporter signalled the publication of Malgosia Fitzmaurice (Queen Mary)'s chapter on the history of article 38 of the International Court of Justice's Statute in the forthcoming Oxford Handbook of Sources of International Law (S. Besson, ed.).

Abstract:

This contribution to the Handbook presents and analyses history of Article 38 of the Statute of the International Court of Justice (the ‘ICJ’ or the ‘Court’). History of Article 38 is the starting point leading to reflections on how as it stands at present. Therefore, the main theme of this Chapter is to look at sources of international law through prism of their historical development. Such an approach also includes contenders to ‘new’ sources (acts of international organisations, unilateral acts of States, soft law) which have emerged long after the twelve ‘wise men’ (at times ‘angry twelve men’) of the Committee of Jurists have completed their task of drafting of this Article.

More information on SSRN.