Concluding Remarks: Ascertaining International Legal Rules in the Future

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:

Series: Oxford Monographs in International Law

Concluding Remarks: Ascertaining International Legal Rules in the Future

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After recalling the gist of the argument made in previous chapter, this short final chapter discusses the relevance of the theory of rule-ascertainment put forward in the book for the new forms of law-making at the international level. It argues that the source and social thesis, if sufficiently rejuvenated along the lines put forward in the previous chapters — provides a germane framework to capture not only traditional international legal rules but also the norms generated by the new forms of international lawmaking. In particular, it makes the argument that the legal pluralism inherent in the pluralisation of international lawmaking does not necessarily come with an abandonment of all legal boundaries.

Keywords: International lawmaking; pluralisation; pluralism; legal boundary; social thesis

Chapter.  2238 words. 

Subjects: Public International Law

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