On Theorizing of "Practice" in the Source of International Law

This paper examines critically the recent progress in the theory of sources of international law (TSIL) by reviewing the rise of quasi-international law with various kinds and numbers which are produced by an act of state: practice (PR) of state, particularly, that of the great space faring powers. A purpose of TSIL has looked for the legal products from "a spring or will" of international law in the given changing international society, and a theory to be analyzed how to set forth them to establish the formal international law. This analysis is equal to look up the new role of TSIL in the change of present environment of international society: expanding globalization. It means also to the necessity of more positive TSIL. The lack of the unified legislative organizations and authority in international society, however, has caused to produce conveniently the various kinds and numbers quasi-international laws. This lack has broken out the inflation of quasi-international laws and caused to abuse of political powers in the named of legal exercise. In order to prevent this abuse and strides the products of these quasi-international laws in the right direction: treaty making. The heavy role of TSIL is to make the powerful engine for the acceleration. TSIL to be intended to as "a kind of policy oriented theory": action theory, must be reformed. I perform a critical analysis in order to demonstrate the means of this reform of TSIL under close scrutiny on the various kind and numbers' international law for remote sensing (RS) as a new phenomenon in the present. The examination objects as quasi-international laws in this paper are the UN Resolution produced and U.S. domestic law and policies as PR (the latter is categolized to quasi-international law). The negative character of these objects is that openness to abuse use. I assume this "negative use of PR". PR as national acts is a kind of social act, and it includes the order directivity. Therefore, all PR must have the orientation in its' exercising. I assume that the orientation is "positive use of PR". The aim of this paper is how to make TSIL to switch gear from negative use to positive use. The leitmotif of this work, in short, is intended to announce our international lawyers with the necessity of reformation of TSIL.13KJ00004898543departmental bulletin pape