From Samantha Besson and Jean d'Aspremont (eds), 'The Oxford handbook on the sources of international law' (Oxford UP, 2018, Forthcoming)25 Pages Posted: 6 Apr 2017 Iain ScobbieSchool of Law, University of Manchester; University of London - School of LawDate Written: April 5, 2017AbstractLegal theory provides conceptions of the sources of international law that differ according to time and place. Section 1 employs MacCormicks explanation of institutional order to frame the ensuing discussion by arguing that conceptual understandings of law, including international law, are socially constructed. Section 2 starts from Austins denial that international law possesses the quality of law because international society lacks an ultimate sovereign that is superior to States. It considers the function that sovereignty has played in some explanations of international law and its sources, which raises the significance of State consent. This is explored further in section 3 which focuses on the paradigm shift that Grotius introduced into natural law, and consequently into international law, by substituting consent for theology as its underpinning explanation. Sections 4 and 5 consider 20th century transatlantic variants of natural law. Section 4 examines three influential British theorists Brierly, Fitzmaurice, and Lauterpacht each of whom relied on natural law to overcome perceived inadequacies of consent-based positivist theories. Section 5 examines the more instrumentalist naturalism of the New Haven School which endeavoured to ensure the promulgation of American democratic values by emphasizing policy and choice in decision-making. Section 6 draws some, inevitably imperfect, conclusions.SCOBBIE, Iain. Legal Theory as a Source: Institutional Facts and the Identification of International Law (April 5, 2017). BESSON, Samantha; D'ASPREMONT, Jean (eds). The Oxford handbook on the sources of international law. Oxford: OUP, 2018 (Forthcoming). Disponivel em: <https://ssrn.com/abstract=2947078>. Acesso em: 10 abr. 2017. Copiado de: <https://www.law.ox.ac.uk/business-law-blog?terms_category%5B2379%5D=2379>. Acesso em: 20 abr. 2017.OBLB categoriesBrexit20 APR 2017Brexit Negotiations Series: Process ProposalsAndreas Hacke, Faculty of LawWith the Article 50-notification put on the table in Brussels on 29 March 2017, Theresa May has formally started the Brexit negotiations process. There is a lot at stake for all parties concerned...OBLB categoriesBrexit20 APR 2017Brexit Negotiations Series: Triggering Article 50 - Strategic Approaches to Brexit NegotiationsOwen DarbishireThe triggering of Article 50 by Theresa May represents not the start of the Brexit negotiations, but the end of the first, preparatory phase. There are many deep complexities to be addressed going... European Society of International Law (ESIL) 2016 Annual Conference (Riga)Ilze DubavaState Chancellery of the Republic of LatviaDate Written: January 31, 201717 PagesPosted: 6 Feb 2017 AbstractIt is now acknowledged that sustainable development is a new paradigm of international investment protection law, to be taken into account when planning domestic investment policies and drafting future investment agreements. Yet, the paper intends to provide a re-contextualization of the currently existing investment regime in a way that already allows focusing on the protection of wider interests than the ones of pure economic value in the application of investment law. In order to do that, the paper consists of two parts. First, it analyses the term economic development as the object and purpose of the currently existing international investment regime, suggesting that economic