Lauri Mälksoo, University of Tartu, is publishing Sources of International Law in the 19th Century European Tradition: Insights from Practice and Theory in The Oxford Handbook on the Sources of International Law (J. d"Aspremont and S. Besson, eds., Oxford University Press, 2017). Here is the abstract.
How were sources of international law seen at a time before the were 'codified' in the Statute of the Permanent Court of International Justice in 1920? Was there a struggle between positivist and natural law ideas as often postulated in the literature? The article examines both the theory and practice of international law in the late 19th century and discusses how we ended up with the catalogue of sources of international law as we currently have it in Article 38 of the Statute of the ICJ.Download the essay from SSRN at the link.