Topic

Formalism and the sources of international law

Author/Academic

J D’Aspremont

Viewpoint

The theory of ascertainment which the book puts forward attempts to dispel some of the illusions of formalism that accompany the delimitation of customary international law. It also sheds light on the tendency of scholars, theorists, and advocates to de-formalize the identification of international legal rules with a view to expanding international law. The book seeks to revitalize and refresh the formal identification of rules by engaging with the postmodern critique of formalism.

Source

Formalism and the Sources of International Law: A Theory of the Ascertainment of Legal Rules (Oxford: Oxford University Press, 2011)

Topic

Fragmentation

Author/Academic

B Simma

Viewpoint

In his view, irrespective of whether we are in the presence of an emerging system or an uncoordinated mess of diverse mechanisms, the fact is that the present state of affairs, characterized as an ‘explosion of international litigation and arbitration’, has not led to any significant contradictory jurisprudence of international courts; such cases remain the exception, and actually courts have gone to great lengths to avoid contradicting each other.

Source

‘Fragmentation in a Positive Light’, 25 Michigan Journal of International Law (2003–4) 845