The Sources of International Law (Foundations of Public International Law)

The Sources of International Law (Foundations of Public International Law)

The question of what is, and what is not, part of international law is fundamental in shaping its current form and its development. Traditionally, treaties between states and state practice were seen as the primary means with which to create international law. However, the definition of what the sources of international law are, and how they operate, has been questioned in significant ways. Particularly this has been seen in the more recent developments in the notion of customary international law, which stands alongside international treaties and instruments as a key foundation upon which international law is built. This book provides a key inquiry into all the recognized, or asserted, sources of international law.It investigates the impact of ethical principles on the creation of international law; whether 'soft law' norms come into being through the same sources as binding international law; and whether jus cogens norms, and those involving rights and obligations erga omnes have a unique place in the creation of international legal norms. It studies the notion of 'general principles of international law' within international law's sub-disciplines, and the evolving relationship between treaty-based law and customary international law. Re-examining the traditional model, it inve...

  • ASIN: 0199685401

Customary International Law: A New Theory with Practical Applications (ASIL Studies in International Legal Theory)

Customary International Law: A New Theory with Practical Applications (ASIL Studies in International Legal Theory)

Customary international law, although long recognized as a primary source of international law, remains replete with enigmas, both conceptual and practical. These include how to determine the existence of opinio juris, the function of the state practice requirement, the definition of jus cogens customary norms, and the relationship between customary international law and ethics. In part because of these enigmas, the subject has generated a wide-ranging literature. However, no recent book-length work has attempted to articulate a comprehensive theory of customary international law that can effectively resolve these questions. This book sets out to accomplish this goal. Its approach is unique in a number of ways. For example, it is multidisciplinary and draws insights from fields such as legal theory, philosophy, political science, and game theory. In addition, it is anchored in a sophisticated ethical framework and explores at length the interconnections between customary international law and ethics.

  • Brand: Brian D Lepard
  • ASIN: 0521138728

The Formation and Identification of Rules of Customary International Law in International Investment Law (Cambridge Studies in International and Comparative Law)

The Formation and Identification of Rules of Customary International Law in International Investment Law (Cambridge Studies in International and Comparative Law)

Rules of customary international law provide basic legal protections to foreign investors doing business abroad. These rules remain of fundamental importance today despite the growing number of investment treaties containing substantive investment protection. In this book, Patrick Dumberry provides a comprehensive analysis of the phenomenon of custom in the field of international investment law. He analyses two fundamental questions: how customary rules are created in this field and how they can be identified. The book examines the types of manifestation of State practice which should be considered as relevant evidence for the formation of customary rules, and to what extent they are different from those existing under general international law. The book also analyses the concept of States' opinio juris in investment arbitration. Offering guidance to actors called upon to apply customary rules in concrete cases, this book will be of significant importance to those involved in investment arbitration.

  • Brand: Patrick Dumberry
  • ASIN: 1107138523

Customary International Law in Times of Fundamental Change: Recognizing Grotian Moments

Customary International Law in Times of Fundamental Change: Recognizing Grotian Moments

This is the first book to explore the concept of "Grotian Moments." Named for Hugo Grotius, whose masterpiece De Jure Belli ac Pacis helped marshal in the modern system of international law, Grotian Moments are transformative developments that generate the unique conditions for accelerated formation of customary international law. In periods of fundamental change, whether by technological advances, the commission of new forms of crimes against humanity, or the development of new means of warfare or terrorism, customary international law may form much more rapidly and with less state practice than is normally the case to keep up with the pace of developments. The book examines the historic underpinnings of the Grotian Moment concept, provides a theoretical framework for testing its existence and application, and analyzes six case studies of potential Grotian Moments: Nuremberg, the continental shelf, space law, the Yugoslavia Tribunal's Tadic decision, the 1999 NATO intervention in Serbia, and the 9/11 terrorist attacks.

  • Brand: Brand: Cambridge University Press
  • ASIN: 110761032X

African Customary Law: In South Africa: Post-Apartheid and Living Law Perspectives: Private Law

African Customary Law: In South Africa: Post-Apartheid and Living Law Perspectives: Private Law

African Customary Law in South Africa: Post-Apartheid and Living Law Perspectives provides a clear introduction to indigenous law in South Africa. The text provides a structure for understanding the nature and overarching system of customary law, illustrating its distinctness in relation to other areas of law, and exploring the dynamic precepts and values of living customary law. The text suggests an approach which supports harmonisation of customary law precepts and values with the common law and Western constitutional jurisprudence, and offers an authentic, culturally sensitive framework within which contentious issues might be resolved. The text is pedagogically designed to assist learning and the development of academic skills, encouraging readers to develop an approach of independent enquiry and analysis. This text is suited as core course material for students who are studying African Customary Law, Indigenous Law, or Legal Diversity as a module of the LLB degree. It also serves as a useful first reference for scholars who are interested in this field of law, legal practitioners, magistrates and judges. The following teaching resources complement the text, and are available to lecturers, to support teaching and learning: PowerPoint slide presentation Application questions

  • ASIN: 0199057184

Reexamining Customary International Law (ASIL Studies in International Legal Theory)

Reexamining Customary International Law (ASIL Studies in International Legal Theory)

Reexamining Customary International Law takes on the complex issues and controversies surrounding the history, theory, and practice of customary international law as it reexamines customary law's increasingly important role in world affairs. It incorporates the expertise of distinguished authors to probe many difficult issues that remain unresolved concerning the doctrine of customary law. At the same time, this book engages in a profound exploration of the practical role of customary international law in a variety of important fields, including humanitarian law, human rights law, and air and space law.

  • Brand: Lepard Brian D
  • ASIN: 1107146917

Custom, Power and the Power of Rules: International Relations and Customary International Law

Custom, Power and the Power of Rules: International Relations and Customary International Law

This book sets out to explain the most foundational aspect of international law in international relations terms. By doing so it goes straight to the central problem of international law--that although legally speaking all States are equal, socially speaking they clearly are not. As such it is an ambitious and controversial book that will be of interest to all international relations scholars and students and practitioners of international law.

  • Brand: Brand: Cambridge University Press
  • ASIN: 0521634083

The Changing Nature of Customary International Law: Methods of Interpreting the Concept of Custom in International Criminal Tribunals (Routledge Research in International Law)

The Changing Nature of Customary International Law: Methods of Interpreting the Concept of Custom in International Criminal Tribunals (Routledge Research in International Law)

This book examines the evolution of customary international law (CIL) as a source of international law. Using the International Criminal Tribunal for the former Yugoslavia (ICTY) as a key case study, the book explores the importance of CIL in the development of international criminal law and focuses on the ways in which international criminal tribunals can be said to change the ways in which CIL is formed and identified. In doing so, the book surveys the process and substance of CIL, as well as the problematic distinction between the elements of state practice and opinio juris. By applying an inclusive positivist approach, Noora Arajärvi analyses the methodologies of identification of CIL in selected cases of the ICTY, and their normative foundations. Through examination of the case-law and the reasoning of courts and tribunals, Arajärvi demonstrates to what extent the court's chosen method of identification of CIL affects the process of custom formation and the resulting system of norms in general. The book will be of great value to researchers and scholars of international law, international relations, and practitioners with interests in customary international law.

  • Brand: Noora Araj Rvi
  • ASIN: 0415827418

1: Customary International Humanitarian Law (Customary International Humanitarian Law 3 Volume Set) (Volume 1)

1: Customary International Humanitarian Law (Customary International Humanitarian Law 3 Volume Set) (Volume 1)

In 1995, the International Committee of the Red Cross, along with a range of renowned experts, embarked upon a major international study into current state practice in humanitarian law in order to identify customary law in this area. This book (and its companion, Volume 2: Practice) is the result of that study. Volume 1 is a comprehensive analysis of the customary rules of international humanitarian law applicable in international and non-international armed conflicts.

  • ASIN: 0521808995

International Child Law

International Child Law

International Child Law examines and discusses the international legal framework and issues relating to children. Analysing both public and private international legal aspects, this cross-disciplinary text promotes an understanding of the ongoing development of child law, children’s rights and the protection of the child. Examining the theoretical background to the law, and providing a concise and clear overview of the instruments and institutions that protect children internationally, this text then focuses on key themes and issues in child law and children’s rights. This new edition has been updated and revised throughout, including expanded material on the UN Convention on the Rights of the Child, as well as discussion of recent landmark developments on the law relating to recruiting child soldiers as a result of Lubanga (2012). The third edition also includes a new case study feature that critically considers key themes and issues in international child law in a real world context. Drawing on a range of legal and other disciplines, International Child Law is a valuable resource for those in the course of study and research in this area.

  • ASIN: 041582592X
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International Law explained | What are the sources of International Law?

Customary International Law

What are the sources of International public law? Le droit international expliqué | Quelles sont les sources du droit international? By Hesham Elrafei https://www.linkedin.com/in/heshamelrafei Overview of the sources of international public law as stated in Article 38 of the international c...

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Ramblings 88: Customary International Law

Customary International Law

Day 3 of our look at the sources of international law: custom and state practice. Comments and questions to [email protected] "Ramblings with Rebecca" is a new series of five-minute videos from 2012 Marshall Scholar Rebecca Farnum discussing social justice, environmentalism, politic...

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INTERNATIONAL CUSTOMARY LAW

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Laws that govern most countries .

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