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Leslie C. Green

. Henckaerts and Doswald-Beck, 2005. 75 See, e.g., Akehurst, ‘The hierarchy of the sources of international law’, 47 Brit. Y.B. Int’l Law (1974–75) 273; Villiger, Customary International Law and Treaties , Part III. 76 Declaration of Paris, Schindler

in The contemporary law of armed conflict
Abstract only
Between mental states and institutional objects
Sufyan Droubi

framework which Walden articulates is compatible with the approach that the International Law Commission adopts in the Conclusions. See O Sender and M Wood , ‘ A Mystery No Longer? Opinio Juris and Other Theoretical Controversies Associated with Customary International Law ’ ( 2017 ) 50 Israel Law Review 299 . 67 Walden (n 59) 99. Emphasis added. 68 See D’Amato (n 56). cf Walden (n 59) 99. 69 M Akehurst , ‘ Custom as a Source of International Law ’ ( 1976 ) 1974–75 The British Yearbook of International Law 1 . 70 D’Amato (n 56) 78. 71

in International organisations, non-State actors, and the formation of customary international law
Casper Sylvest

rule of international law to this effect. The further question was, of course, from where did the customary rule originate? And here Oppenheim invoked a theoretical distinction between sources and causes. As sources of international law, he allowed only treatise and custom. Yet these sources had causes, and here elements of natural law crept into Oppenheim’s jurisprudential system. It was ‘religious and moral reasons’ that had, in this idiom, caused the custom. Likewise, it was a slow moral development which had caused many of the increasingly codified laws of war.17

in British liberal internationalism, 1880–1930