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Formalism and the Sources of International LawA Theory of the Ascertainment of Legal Rules$
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Jean d'Aspremont

Print publication date: 2011

Print ISBN-13: 9780199696314

Published to Oxford Scholarship Online: January 2012

DOI: 10.1093/acprof:oso/9780199696314.001.0001

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Concluding Remarks: Ascertaining International Legal Rules in the Future

Concluding Remarks: Ascertaining International Legal Rules in the Future

(p.221) 9 Concluding Remarks: Ascertaining International Legal Rules in the Future
Formalism and the Sources of International Law

d'Aspremont Jean

Oxford University Press

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

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