'Deformalization in International Law - the Temptation of a Move Away from the Theory of Sources' by Dr Jean d'Aspremont

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'Deformalization in International Law - the Temptation of a Move Away from the Theory of Sources' by Dr Jean d'Aspremont's image

Description:	The Lauterpacht Centre for International Law (LCIL), University of Cambridge hosts a regular Friday lunchtime lecture series on key areas of International Law. Previous subjects have included UN peacekeeping operations, the advisory jurisdiction of the International Court of Justice, the crime of agression, whaling, children and military tribunals, and theories and practices for proving individual responsibility criminal responsibility for genocide and crimes against humanity. This lecture, entitled 'Deformalization in International Law - the Temptation of a Move Away from the Theory of Sources', was delivered at the Lauterpacht Centre on Friday 27th April 2012 by Dr Jean d'Aspremont, Associate Professor of Law and Adjunct Research Director, Faculty of Law, University of Amsterdam and chaired by Professor Philip Allott, Emeritus Professor of International Public Law, University of Cambridge. This recording is presented on iTunes U as a video file. For more information about the series, please see the LCIL website at www.lcil.cam.ac.uk

Description:

The Lauterpacht Centre for International Law (LCIL), University of Cambridge hosts a regular Friday lunchtime lecture series on key areas of International Law. Previous subjects have included UN peacekeeping operations, the advisory jurisdiction of the International Court of Justice, the crime of agression, whaling, children and military tribunals, and theories and practices for proving individual responsibility criminal responsibility for genocide and crimes against humanity.

This lecture, entitled 'Deformalization in International Law - the Temptation of a Move Away from the Theory of Sources', was delivered at the Lauterpacht Centre on Friday 27th April 2012 by Dr Jean d'Aspremont, Associate Professor of Law and Adjunct Research Director, Faculty of Law, University of Amsterdam and chaired by Professor Philip Allott, Emeritus Professor of International Public Law, University of Cambridge.

This recording is presented on iTunes U as a video file.

For more information about the series, please see the LCIL website at www.lcil.cam.ac.uk


Created:	2012-05-03 16:28
Collection:	LCIL International Law Seminar Series
Publisher:	University of Cambridge
Copyright:	University of Cambridge
Language:	eng (English)
Keywords:	International Law; International Legal Theory; International Legal Systems; Lauterpacht Centre for International Law;


Abstract:	The lecture is informed by Dr d'Aspremont's recent book entitled 'Formalism and the Sources of International Law' (OUP 2011), which revisits the (place and use of) formal theory of sources in contemporary international legal scholarship and sheds some light on the inclination of a new generation of international lawyers to abandon formal mechanisms to determine the pedigree of rules. The argument developed therein is premised on the finding that much international normative activity nowadays takes place outside the ambit of traditional international law and that only a limited part of the exercise of public authority at the international level results in the creation of international legal rules. Such practice raises the question of whether the mainstream theory of sources, and more generally – the distinction between law and non-law which it helps maintain – still is adequate to make sense of the growing complexity of the normative activities in the international society. The presentation will argue that a formal theory of sources, albeit not in its current form, remains instrumental in ascertaining rules of international law.

Abstract:

The lecture is informed by Dr d'Aspremont's recent book entitled 'Formalism and the Sources of International Law' (OUP 2011), which revisits the (place and use of) formal theory of sources in contemporary international legal scholarship and sheds some light on the inclination of a new generation of international lawyers to abandon formal mechanisms to determine the pedigree of rules. The argument developed therein is premised on the finding that much international normative activity nowadays takes place outside the ambit of traditional international law and that only a limited part of the exercise of public authority at the international level results in the creation of international legal rules. Such practice raises the question of whether the mainstream theory of sources, and more generally – the distinction between law and non-law which it helps maintain – still is adequate to make sense of the growing complexity of the normative activities in the international society. The presentation will argue that a formal theory of sources, albeit not in its current form, remains instrumental in ascertaining rules of international law.

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