Jump to ContentJump to Main Navigation
International Law as Social ConstructThe Struggle for Global Justice$
Users without a subscription are not able to see the full content.

Carlo Focarelli

Print publication date: 2012

Print ISBN-13: 9780199584833

Published to Oxford Scholarship Online: September 2012

DOI: 10.1093/acprof:oso/9780199584833.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 27 October 2020



(p.241) 6 Rules
International Law as Social Construct

Carlo Focarelli

Oxford University Press

This chapter discusses the law which the international community believes to be international law. It examines how the rules and other normative standards of international law are made, integrated, reconciled, changed, judicially applied, complied with, implemented within states, and enforced. It argues that all international law rules and judicial decisions are ultimately grounded in custom as a basic form of social, informal pressure by the states system and that no ‘private affair’ is conceivable in the system even when rules apply only to particular states. The identification of the rules of international law is loosely inspired by the doctrine of the sources of law originally developed in the domestic legal systems of a few Western states and by other criteria capable of ensuring a relatively systemic unity, coherence, and completeness. Much of the credibility of international law rather depends on its domestic implementation by the states themselves.

Keywords:   international community, international law rules, states system, domestic legal systems, domestic implementation

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .