I. The Concept of Law-Making. 1. The need for continuous law-making. 2. Some preliminary questions of terminology. 3. Law-making and the "constitution" of the international community
II. The Concept of Formal Sources. 1. The importance of the formal criteria of law. 2. The notion of formal sources. 3. Article 38(1) of the Statute of the I.C.J. as the basic norm about sources
III. Treaties. 1. General observations. Terminology. 2. The limits of formlessness in treaty-making. 3. Treaties and third states. 4. A legislation by reference?
IV. Custom. 1. The concept of international custom. 2. International practice. 3. Opinio juris. 4. Change in customary law. 5. The need for further clarification of the criteria of custom
V. Interrelations Between Treaty and Custom. 1. The importance of treaty and custom. 2. The interaction of treaty and custom. 3. Changing treaty law by custom
VI. General Principles of Law Recognized by Civilized Nations. 1. Traditional theories. 2. Judicial and state practice. 3. A new theory of "the general principles of law"
VII. The Proposed Reforms in the Formal Sources. 1. The possibility for change in the system of sources. 2. The movement toward community-based law-making. 3. Community consensus. 4. UN General Assembly resolutions
VIII. The Creation of Jus Cogens
1. Introduction. 2. Natural law vs. positivism. 3. The law-making process: The controversy unresolved. 4. Peremptory law-making: Existing experience. 5. Change in jus cogens
IX. The Role of the International Court of Justice. 1. Judicial decisions as subsidiary means for the determination of rules of law. 2. The I.C.J. and jus cogens
X. Some Issues of Procedure and Law-Making Policy. 1. The choice of law-making arenas. 2. Consensus as negotiating and decision-making technique. 3. Global negotiations and package deals. 4. Anticipatory regulation.