Chapter

Deformalization of Law-Ascertainment in Contemporary Theory of the Sources of International Law

d'Aspremont Jean

in Formalism and the Sources of International Law

Published in print September 2011 | ISBN: 9780199696314
Published online January 2012 | e-ISBN: 9780191732201 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199696314.003.0005

Series: Oxford Monographs in International Law

Deformalization of Law-Ascertainment in Contemporary Theory of the Sources of International Law

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This chapter recalls that it is not a coincidence that the growing abandonment of formal law-identification criteria in the international legal scholarship has taken place against the backdrop of the dramatic pluralization of norm-making at the international level. It then depicts some of the manifestations of the deformalization of law-ascertainment currently witnessed in the international legal scholarship. It first expounds on some of the most common forms of non-formal law-ascertainment yardsticks which are used by international legal scholars and international lawyers. It then explains how this has generated a general acceptance of the idea of softness of legal concepts. It finally says a few words on the various agendas pursued by each of these different types of deformalization in the theory of sources of international law.

Keywords: deformalization; softness; legal scholarship; pluralisation

Chapter.  10293 words. 

Subjects: Public International Law

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