3 Modes of international law- making
-
Hilary Charlesworth
Abstract
This chapter investigates a number of modes of international law-making to uncover the interests and perspectives that they support. It focuses on the formation of customary international law, the category of general principles of law and the content of ‘subsidiary sources’ of international law, referenced in the Statute of the International Court of Justice. The chapter presents a case study of the international legal response to violence against women to indicate both the problems and potential of the sources of international law for women.
Abstract
This chapter investigates a number of modes of international law-making to uncover the interests and perspectives that they support. It focuses on the formation of customary international law, the category of general principles of law and the content of ‘subsidiary sources’ of international law, referenced in the Statute of the International Court of Justice. The chapter presents a case study of the international legal response to violence against women to indicate both the problems and potential of the sources of international law for women.
Chapters in this book
- Front Matter i
- Contents v
- Foreword ix
- Preface xiii
- List of abbreviations xvi
- Dedication xviii
- Introduction to the 2022 edition xix
- 1 Women and the international legal system 1
- 2 Feminist theories and international law 23
- 3 Modes of international law- making 62
- 4 The law of treaties 96
- 5 The idea of the state 124
- 6 International institutions 171
- 7 Human rights 201
- 8 The use of force in international law 250
- 9 Peaceful settlement of disputes 275
- 10 Redrawing the boundaries of international law 308
- Bibliography 338
- Table of cases 379
- Table of treaties 385
- Index 401
Chapters in this book
- Front Matter i
- Contents v
- Foreword ix
- Preface xiii
- List of abbreviations xvi
- Dedication xviii
- Introduction to the 2022 edition xix
- 1 Women and the international legal system 1
- 2 Feminist theories and international law 23
- 3 Modes of international law- making 62
- 4 The law of treaties 96
- 5 The idea of the state 124
- 6 International institutions 171
- 7 Human rights 201
- 8 The use of force in international law 250
- 9 Peaceful settlement of disputes 275
- 10 Redrawing the boundaries of international law 308
- Bibliography 338
- Table of cases 379
- Table of treaties 385
- Index 401
