Talk:Public International Law/Sources of International Law

Review 17th May 2023
Dear Craig, Thanks for the chapter. Following up on my comment from more or less exactly one year ago, I wanted to stress gain that there is no need to discuss or even present the sources in detail, since this is being done in the subsequent sections. The aim here simply is to introduce to the concept of sources and to address the overarching questions that concern all sources, including the hierarchy question.

What role do sources play in the international legal order? Introduction to what we discuss when we teach sources/which questions fall under the sources umbrella - what is law in the international legal order? Who makes, interprets and changes the law in the international legal order? Particularities of law-making in the International order - decentralised character of the lawmaking; no centralised "world parliament"; importance of state consent etc. Please also consider to link to the "consent" chapter in the first part of the book.

--Raffaela Kunz (discuss • contribs) 07:42, 17 May 2023 (UTC)

27th of May 2022

Dear Craig, I wanted to mention again, agreeing with the comment below, that there is no need to discuss the subsidiary means at length here, since Lucas, Bernardo and diIscuss this in more detail in the "other sources" chapter. Will you include a reference to the formal/material distinction? Wondering because this came up on our chapter and we might want to add a link. Raffaela --Raffaela Kunz (discuss • contribs) 09:48, 27 May 2022 (UTC)

Review: May 12, 2023
The chapter provides an excellent introduction to sources of international law, laying out the key issues that underpin the field. The chapter is clearly written, and provides students with a solid foundation for understanding the following sub-chapters.

You will find some comments in your chapter in which I elaborate on something more specifically. To view these comments, just open you chapter page and click on "Edit" in the top-right toolbox.

Some parts are still missing in your contribution:

- It would be great if you could finish the chapter by the end of June at the latest. The sooner you finish, the better we can review your chapter and the more time you have to use our comments to improve the chapter.

- There are no footnotes in your chapter. Please add them using OSCOLA as the citation style.

- Note also that the following parts are still missing: required knowledge, learning objectives, conclusion, further readings

- You could add some links to other chapters of the textbook

Max Milas (discuss • contribs) 15:58, 12 May 2023 (UTC)

Review: 1 November 2021
In general I like the outline of the chapter on sources. I think it is particularily important to discuss sources beyond article 38 ICJ. There is a lot to be said there. I am therefore a bit uncertain whether the subchapters “soft law” and “unilateral declarations” will manage to capture all that should be included here. Or, put differently, I have some doubts whether “soft law” as a notion is really proper to capture the fact that we nowadays increasingly acknowledge a regulatory function e.g. of acts of international organizations. Also entire fields of law seem in essential ways to escape the article 38 construct (thinking about environmental law e.g.) as well as the “hard-soft” divide. I am also a bit uncertain about the “equity” chapter. As a general principle of (intenational) law it is certainly an important interpretative device. But perhaps it would better fit in the subchapter on general principles. Finally, “sources and subsidiary means”. I´m wondering whether subsidiary means need to be discussed here at any length? At any rate the phrasing should be consistent with the overall structure of the chapter at large (which it now isnt, as there is a chapter on “other sources” there). Would be good for authors to coordinate where to discuss the “other sources/sources beyond art 38” question, which is different from the “subsidiary means” question and its role in the ICJ charter.

Review / comments
In general I like the outline of the chapter on sources. I think it is particularly important to discuss sources beyond article 38 ICJ. There is a lot to be said there. I am therefore a bit uncertain whether the subchapters “soft law” and “unilateral declarations” will manage to capture all that should be included here. Also I have some doubts whether “soft law” as a notion is really proper to capture the fact that we nowadays increasingly acknowledge a regulatory function e.g. of acts of international organizations. Also entire fields of law seem in essential ways to escape the article 38 construct (thinking about environmental law e.g.) as well as the “hard-soft” divide.

I am also a bit uncertain about the “equity” chapter. As a general principle of (international) law it is certainly an important interpretative device. But perhaps it would better fit in the subchapter on general principles?

Finally, on “sources and subsidiary means”. I´m wondering whether subsidiary means need to be discussed here at any length? At any rate the phrasing should be consistent with the overall structure of the chapter at large (which it now isn´t, as there is a chapter on “other sources” there as well). Would be good for authors to coordinate where to discuss the “other sources/sources beyond art 38” question, which is different from the “subsidiary means” question and its role in the ICJ charter.