This chapter illuminates the role that sources doctrine plays in construing international law as a system. It frames international law’s systemic qualities within the recursive relationship between sources doctrine and debates over international law’s systematicity. Sources doctrine reinforces and buttresses international law’s claim to constitute a legal system; and the legal system demands and requires that legal sources exist within it. International law’s systematicity and the doctrine of international legal sources exist in a mutually constitutive relationship, and cannot exist without one another. This recursive relationship privileges unity, coherence, and the existence of a unifying inner logic which transcends mere interstate relations and constitutes a legal structure. In this respect, the social practices of those officials who are part of the institutional workings of the system, and especially those with a law--applying function, are of heightened relevance in conceiving of international law as a system.
|Title of host publication||The Oxford Handbook on the Sources of International Law.|
|Editors||Samantha Besson, Jean d’Aspremont|
|Place of Publication||Oxford|
|Publisher||Oxford University Press|
|Number of pages||21|
|Publication status||Published - 2018|
Hernández, G. I. (2018). Sources and the Systematicity of International Law: A Co-Constitutive Relationship? In S. Besson, & J. d’Aspremont (Eds.), The Oxford Handbook on the Sources of International Law. (pp. 604-624). Oxford University Press. https://doi.org/10.1093/law/9780198745365.003.0029