Sources and the Systematicity of International Law

A Co-Constitutive Relationship?

Research output: Chapter in Book/Report/Conference proceedingChapterAcademicpeer-review

Abstract

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.
Original languageEnglish
Title of host publicationThe Oxford Handbook on the Sources of International Law.
EditorsSamantha Besson, Jean d’Aspremont
Place of PublicationOxford
PublisherOxford University Press
Pages604-624
Number of pages21
ISBN (Print)9780198745365
Publication statusPublished - 2018

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international law
doctrine
legal system
privilege
Law

Cite this

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: Oxford University Press.
Hernández, Gleider I. / Sources and the Systematicity of International Law : A Co-Constitutive Relationship?. The Oxford Handbook on the Sources of International Law.. editor / Samantha Besson ; Jean d’Aspremont. Oxford : Oxford University Press, 2018. pp. 604-624
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Hernández, GI 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.. Oxford University Press, Oxford, pp. 604-624.

Sources and the Systematicity of International Law : A Co-Constitutive Relationship? / Hernández, Gleider I.

The Oxford Handbook on the Sources of International Law.. ed. / Samantha Besson; Jean d’Aspremont. Oxford : Oxford University Press, 2018. p. 604-624.

Research output: Chapter in Book/Report/Conference proceedingChapterAcademicpeer-review

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Hernández GI. Sources and the Systematicity of International Law: A Co-Constitutive Relationship? In Besson S, d’Aspremont J, editors, The Oxford Handbook on the Sources of International Law.. Oxford: Oxford University Press. 2018. p. 604-624