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Chapter 1: What Is International Law?

Chapter 1: What Is International Law?

pp. 16-52

Authors

, University of Wisconsin, Oshkosh,
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Extract

What is international law, and how is it different from domestic (national) law?  This chapter provides an answer to those questions and introduces other foundational concepts in international law such as opinio juris, sovereignty, and the state. We trace the development of international law from Western/European perspectives and discuss how international law was often experienced as oppression and violence in the non-Western world. The chapter concludes with a consideration of the classic sources of international law: customs, treaties, general principles of law, judicial decisions, and scholarly writings, each of which is presented in some detail.

Keywords

  • international law
  • <span class='italic'>opinio juris</span>
  • enforcement
  • sovereignty
  • monism
  • dualism
  • sources of international law
  • consent
  • custom

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