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Article 38(1) of the Statute of the International Court of Justice is generally recognized as a definitive statement of the sources of international law. [2] It requires the Court to apply, among other things, (a) international conventions, whether general or particular, establishing rules expressly recognized by the contesting states; (b) international custom, as evidence of a general ...
Third World approaches to international law (TWAIL) is a critical school of international legal scholarship [1] and an intellectual and political movement. [2] It is a "broad dialectic opposition to international law", [3] which perceives international law as facilitating the continuing exploitation of the Third World through subordination to the West.
Many early international legal theorists were concerned with axiomatic truths thought to be reposed in natural law.Sixteenth century natural law writer, Francisco de Vitoria, a professor of theology at the University of Salamanca, examined the questions of the just war, the Spanish authority in the Americas, and the rights of the Native American people.
The modern term "international law" was originally coined by Jeremy Bentham in his 1789 book Introduction to the Principles of Morals and Legislation to replace the older law of nations, a direct translation of the late medieval concepts of ius gentium, used by Hugo Grotius, and droits des gens, used by Emer de Vattel.
The translations had a large influence on the approval of modern international law in Asia. [7] Wheaton's was the first book to introduce international law to East Asia in full scale. [ 9 ] In listing Henry Wheaton among "prominent jurists of the nineteenth century," Antony Anghie comments on the "several editions" of Elements of International ...
International relations (IR, and also referred to as international studies, international politics, [2] or international affairs) [3] is an academic discipline. [4] In a broader sense, the study of IR, in addition to multilateral relations, concerns all activities among states—such as war, diplomacy, trade, and foreign policy—as well as relations with and among other international actors ...
Conflict of laws (also called private international law) is the set of rules or laws a jurisdiction applies to a case, transaction, or other occurrence that has connections to more than one jurisdiction. [1]
In most so-called "monist" states, a distinction between international law in the form of treaties, and other international law, e.g., customary international law or jus cogens, is made; such states may thus be partly monist and partly dualist. In a pure monist state, international law does not need to be translated into national law.