Talk:Public International Law/Sources of International Law/Other Sources

Review: May 18, 2023
Dear Lucas,

The chapter has not much evolved since I last commented, therefore I will not say much more but the following points: - I think overall the relevance of international courts and judgments in times of global governance could be stressed more. Link to the discussions about the proliferation of ICs (maybe over now)? - Link to debate about judicial dialogue, cross-fertilisation. - It would be really interesting to know a bit better your position on the following questions: are ICs and their judgments really so important in creating unity in the international legal system? What is their role in the de-fragmentation, if fragmentation exists at all?

Dear Bernardo,

Thanks for the great chapter, I really enjoyed reading it! Only small point: I wonder whether you could make a small link to the debate about global administrative law (if you deem this relenvant). Maybe the more informaal ways these legal instruments shape the int. order that you mention in your last paragraph could already be mentioned in the intro in order to make the readers curious and illustrate why the question of the status of resolutions is being discussed? I will try to link the soft law section well to your section.

Best, Raffaela --129.132.99.69 (discuss) 11:57, 18 May 2023 (UTC)

Review: May 12, 2023
The chapter provides a great introduction to and discussion of other sources of international law. You have made good use of ICJ judgments to illustrate the relevance of these sources.

Please use OSCOLA as your citation style and make sure you provide full and accurate references for all sources cited. It is important to take the time to ensure that all footnotes are correctly formatted according to OSCOLA.

You will also 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 of the chapter are still work in progress. 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.

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

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

Note that I have made some linguistic improvements to the text. Max Milas (discuss • contribs) 20:16, 12 May 2023 (UTC)

Review 27th May 2022
Dear Bernardo, thank you for the great draft! I left some comments directly in the text that you should be able to see in the "editing" mode. Formally, I suggest to add some sub-titles for clearer structure; furthermore I would add a link to the general formal-material sources debate in the general chapter by Craig Egget.

Substantially, I think the debate about general/law-making resolutions could be fleshed out a bit more, maybe spelling out the examples in more length because it's quite interesting. Also the distinction between resolutions possibly having a legal effect for all states v. resolutions only having effect for the MS could be a bit clearer in my opinion. Maybe you could also add a couple of interesting examples to show the relevance of these instruments in times of global governance? Here I think for example of the resolutions of the WHO which in the pandemic of course are highly relevant. Maybe the importance (de facto) of these instruments is also another example putting into question the strict category of formal sources, just like the soft law debate? Maybe we could briefly brainstorm together for the conclusions of the chapter.

Best, Raffaela --Raffaela Kunz (discuss • contribs) 10:02, 27 May 2022 (UTC)

Review 6 December 2021
Dear Lucas, Thank you for this first outline! I like that judicial decisions are discussed somewhat at length as compared to other textbooks, and I also like that your focus is not only on the ICJ. Here some remarks:

- The name of the chapter is "Other Sources". However, the focus now is only until judicial decisions and soft law, leaving out decisions by IOs, teachings by scholars and unilateral declarations. I feel that it would be important to include these points and will get in touch with you via email to see how we can solve this.

- I think it would be useful to distinguish, probably also in the structure of the chapter, between subsidiary sources according to Art. 38 ICJ statute and sources beyond Art. 38/that are not listed.

- Going in the same direction, it might be good to say something on the primary/subsidiary distinction in Art. 38.

- Here some further points on the subsidiary source "judicial decisions":

- I think the point of departure could be made a bit clearer. Due to the importance of the principle of state consent, judicial decisions are usually only relevant between the parties to a concrete outcome (see also Art. 59 ICJ statute); but of course in practice they are much more relevant. Maybe you could even include some examples? Maybe from the IACtHR (even though here we need to be careful to link to the chapter on the IA system).

- Maybe you could also say something about the importance international courts have come to play on the international plane for the enforcement of IL in the decentralized legal order and that therefore their decisions are so important in practice (the famous "proliferation of ICs").

- What about the role of decisions of domestic courts?

Best, Raffaela --Raffaela Kunz (discuss • contribs) 12:13, 6 December 2021 (UTC)