Weighing the Sources of International Law
Abstract There is a long-standing debate on the weight or preference given to different sources of international law in jurisprudence. This article aims to discuss the interplay of three pairs of sources of international law; namely between old treaties and new treaties, treaties and customs, and ex...
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Online Access: | http://dx.doi.org/10.1163/24519391-06020004 https://brill.com/view/journals/apoc/6/2/article-p221_221.xml https://brill.com/downloadpdf/journals/apoc/6/2/article-p221_221.xml |
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crbrillap:10.1163/24519391-06020004 2023-05-15T14:05:33+02:00 Weighing the Sources of International Law The Arctic, Antarctica and the South China Sea Hong, Nong 2021 http://dx.doi.org/10.1163/24519391-06020004 https://brill.com/view/journals/apoc/6/2/article-p221_221.xml https://brill.com/downloadpdf/journals/apoc/6/2/article-p221_221.xml unknown Brill Asia-Pacific Journal of Ocean Law and Policy volume 6, issue 2, page 221-246 ISSN 2451-9367 2451-9391 journal-article 2021 crbrillap https://doi.org/10.1163/24519391-06020004 2022-12-11T12:48:48Z Abstract There is a long-standing debate on the weight or preference given to different sources of international law in jurisprudence. This article aims to discuss the interplay of three pairs of sources of international law; namely between old treaties and new treaties, treaties and customs, and existing treaties and emerging treaties in the context of three regions which are featured with typical maritime related issues. In the Arctic region, the 1925 Svalbard Treaty and the 1982 United Nations Convention on the Law of the Sea ( unclos ) become the sources of conflicts or different legal positions between Norway and some other States who are parties to both treaties. In the South China Sea, the major legal issue, among many other important ones such as island regime, is the relationship between unclos as a treaty law and historic rights as a customary international law. The Antarctic Treaty System (ATS) may be influenced by the new instrumental arrangements made by Biodiversity Beyond National Jurisdiction ( bbnj ) negotiation, reflecting the importance of ensuring the emerging treaty will not interrupt the jurisdiction of established treaties. Article in Journal/Newspaper Antarc* Antarctic Antarctica Arctic Law of the Sea Svalbard Brill (via Crossref) Antarctic Arctic Norway Svalbard The Antarctic Asia-Pacific Journal of Ocean Law and Policy 6 2 221 246 |
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Abstract There is a long-standing debate on the weight or preference given to different sources of international law in jurisprudence. This article aims to discuss the interplay of three pairs of sources of international law; namely between old treaties and new treaties, treaties and customs, and existing treaties and emerging treaties in the context of three regions which are featured with typical maritime related issues. In the Arctic region, the 1925 Svalbard Treaty and the 1982 United Nations Convention on the Law of the Sea ( unclos ) become the sources of conflicts or different legal positions between Norway and some other States who are parties to both treaties. In the South China Sea, the major legal issue, among many other important ones such as island regime, is the relationship between unclos as a treaty law and historic rights as a customary international law. The Antarctic Treaty System (ATS) may be influenced by the new instrumental arrangements made by Biodiversity Beyond National Jurisdiction ( bbnj ) negotiation, reflecting the importance of ensuring the emerging treaty will not interrupt the jurisdiction of established treaties. |
format |
Article in Journal/Newspaper |
author |
Hong, Nong |
spellingShingle |
Hong, Nong Weighing the Sources of International Law |
author_facet |
Hong, Nong |
author_sort |
Hong, Nong |
title |
Weighing the Sources of International Law |
title_short |
Weighing the Sources of International Law |
title_full |
Weighing the Sources of International Law |
title_fullStr |
Weighing the Sources of International Law |
title_full_unstemmed |
Weighing the Sources of International Law |
title_sort |
weighing the sources of international law |
publisher |
Brill |
publishDate |
2021 |
url |
http://dx.doi.org/10.1163/24519391-06020004 https://brill.com/view/journals/apoc/6/2/article-p221_221.xml https://brill.com/downloadpdf/journals/apoc/6/2/article-p221_221.xml |
geographic |
Antarctic Arctic Norway Svalbard The Antarctic |
geographic_facet |
Antarctic Arctic Norway Svalbard The Antarctic |
genre |
Antarc* Antarctic Antarctica Arctic Law of the Sea Svalbard |
genre_facet |
Antarc* Antarctic Antarctica Arctic Law of the Sea Svalbard |
op_source |
Asia-Pacific Journal of Ocean Law and Policy volume 6, issue 2, page 221-246 ISSN 2451-9367 2451-9391 |
op_doi |
https://doi.org/10.1163/24519391-06020004 |
container_title |
Asia-Pacific Journal of Ocean Law and Policy |
container_volume |
6 |
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2 |
container_start_page |
221 |
op_container_end_page |
246 |
_version_ |
1766277499260502016 |