International Law Reporter signalled the publication of Malgosia Fitzmaurice (Queen Mary)'s chapter on the history of article 38 of the International Court of Justice's Statute in the forthcoming
Oxford Handbook of Sources of International Law (S. Besson, ed.).
Abstract:
This
contribution to the Handbook presents and analyses history of Article
38 of the Statute of the International Court of Justice (the ‘ICJ’ or
the ‘Court’). History of Article 38 is the starting point leading to
reflections on how as it stands at present. Therefore, the main theme of
this Chapter is to look at sources of international law through prism
of their historical development. Such an approach also includes
contenders to ‘new’ sources (acts of international organisations,
unilateral acts of States, soft law) which have emerged long after the
twelve ‘wise men’ (at times ‘angry twelve men’) of the Committee of
Jurists have completed their task of drafting of this Article.
More information on
SSRN.