El derechod e decir adios

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and diversified in order to give shape and content
to the new fields. 2
In a very limited number of cases (e.g., in the partial international
codification of the law of bills of exchange, or inthe likely regulation of
certain subjects, such as patent and trademark law, or anti-trust law, and
possibly company law, within the European Economic Community) a
codification of law may replaceinternational law and become the substantive
norm-which will usually be based on a comparative study of the
systems thus merged or co-ordinated. But in the great majority o£ cases,
the new brancheswill remain unmodified, "international" rather than
"supra-national," and will depend for their development on the sources
available to international law. These have been defined, with directreference to the International Court of Justice (repeating the identical
formulation for its predecessor, the Permanent Court of International
Justice), in Article 38 of its Statute, although thisenumeration must be
taken as an authoritative formulation of the sources of international law
in general, inside or outside the International Court of Justice. Three of
the four sources enumerated inArticle 38 are reasonably well defined:
treaties, custom and judicial decisions are in fact the three principal sources
of legal authority in the international community. It is to "the generalprinciples of law recognized by civilized nations" (Article 38c) and to
"the teachings of the most highly qualified publicists of the various
nations" (Article 38d), insofar as they formulate and developthese principles,
that we must turn increasingly for the building and evolution of the
1 For a preliminary survey, see Friedmann, "The Changing Dimensions of International
Law," 62 Columbia Law Rev.1147 (1962).
2 The distinction between "formal" and "material" sources of law adopted here
corresponds to that originally made by Sir John Salmond in his Treatise on J urisprudencc
(11th ed., Ch....
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