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Brownlie's Principles of Public International Law
Brownlie's Principles of Public International Law - James Crawford - Oxford University Press
The symbiotic relationship between international law IL , international politics, and normative ethics demonstrates the complex and inter-linked nature of international affairs. However this analysis will utilise the original conception, as the framework of the Article remains unchanged, and it is important to note that ideas of the s shaped this Article. These aspects have spurred debate, often reflecting the way in which legal issues are entwined with political and ethical conceptions. Therefore, as the nature of international affairs changes, so too must our conception of PIL. As such, whilst international law tries to establish a theoretical rubicon between itself, politics and ethics Charlesworth , p. However, positivism is the dominant position adopted by legislators, due to its prioritization of consent Greenwood , p. Article 38 also reflects the statist nature of PIL, noting that states are the only bodies that can create law, and only judicial decisions and academic writings can assist in determining legal outcomes League of Nations
International law , also called public international law or law of nations , the body of legal rules, norms, and standards that apply between sovereign states and other entities that are legally recognized as international actors. The term was coined by the English philosopher Jeremy Bentham — It is a mark of how far international law has evolved that this original definition omits individuals and international organizations —two of the most dynamic and vital elements of modern international law.
Sources of Public International Law include treaties , international customs , general principles of law as recognised by civilized nations , the decisions of national and lower courts , and scholarly writings. They are the materials and processes out of which the rules and principles regulating the International Community a phrase used in geopolitics and international relations to refer to a broad group of people and governments of the world are developed. They have been influenced by a range of political and legal theories. There is no central international body that creates public international law; it is created by several sources. Under Article 93 of the UN Charter , all UN member states are ipso facto parties to the ICJ Statute, but they are not required to submit any case to it except in cases where they have consented or promised to do so.