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Author : Panos Merkouris,Jörg Kammerhofer,Noora Arajärvi
Publisher : Cambridge University Press
Page : 647 pages
File Size : 50,7 Mb
Release : 2022-05-26
Category : Law
ISBN : 9781316516898
Provides an in-depth study of the theory, history, practice, and interpretation of customary international law.
Author : Jean-Marie Henckaerts,Carolin Alvermann,Comité international de la Croix-Rouge
Publisher : Cambridge University Press
Page : 610 pages
File Size : 44,5 Mb
Release : 2005-03-03
Category : Law
ISBN : 9780521808996
Customary International Humanitarian Law, Volume I: Rules is a comprehensive analysis of the customary rules of international humanitarian law applicable in international and non-international armed conflicts. In the absence of ratifications of important treaties in this area, this is clearly a publication of major importance, carried out at the express request of the international community. In so doing, this study identifies the common core of international humanitarian law binding on all parties to all armed conflicts. Comment Don:RWI.
Author : Brian D. Lepard
Publisher : Cambridge University Press
Page : 441 pages
File Size : 53,5 Mb
Release : 2010-01-11
Category : Law
ISBN : 9780521191364
This book sets out to articulate a comprehensive theory of customary international law that can effectively resolve the conceptual and practical enigmas surrounding it. It takes a multidisciplinary approach and draws insights from international law, legal theory, political science, and game theory. It is anchored in a sophisticated ethical framework and explores the interrelationships between customary international law and ethics.
Author : Jean D'Aspremont
Publisher : Oxford University Press
Page : 193 pages
File Size : 45,6 Mb
Release : 2021
Category : Law
ISBN : 9780192843906
"The book guides the reader through an analysis of eight distinct performances at work in the discourse on customary international law. One of its key claims is that customary international law is not the surviving trace of an ancient law-making mechanism that used to be found in traditional societies. Indeed, as is shown throughout, customary international law is anything but ancient, and there is hardly any doctrine of international law that contains so many of the features of modern thinking. It is also argued that, contrary to mainstream opinion, customary international law is in fact shaped by texts, and originates from a textual environment"--Page 4 de la couverture.
Author : Brian D. Lepard
Publisher : Cambridge University Press
Page : 128 pages
File Size : 45,8 Mb
Release : 2017-02-16
Category : Law
ISBN : 9781108107938
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.
Author : William A. Schabas
Publisher : Oxford University Press
Page : 433 pages
File Size : 49,7 Mb
Release : 2021
Category : Law
ISBN : 9780192845696
This book provides a comprehensive account of the emergence of the customary law of human rights. It examines a range of human rights norms, and provides a useful guide to identifying those which can be described as customary.
Author : Michael P. Scharf
Publisher : Cambridge University Press
Page : 241 pages
File Size : 45,7 Mb
Release : 2013-05-31
Category : Law
ISBN : 9781107276765
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.
Author : Fernando Lusa Bordin,Andreas Th. Müller,Francisco Pascual-Vives
Publisher : Cambridge University Press
Page : 337 pages
File Size : 46,5 Mb
Release : 2022-11-03
Category : Law
ISBN : 9781108832977
The book offers a systematic discussion of the facets of the relationship between the European Union and customary international law.
Author : Mark Eugen Villiger
Publisher : Martinus Nijhoff Publishers
Page : 374 pages
File Size : 54,5 Mb
Release : 1997-10-29
Category : Law
ISBN : 9789041104588
States often regard themselves bound by treaty rules which have developed under customary international law, even though many of the treaties themselves have not been ratified. The Law of the Sea Convention, for instance, has generated new customary rules which modified the 1958 Geneva Conventions. These & many other issues are dealt with clearly & systematically in this informative handbook on the relations between written & unwritten international law. The conclusions of the first edition of Customary International Law & Treaties were largely confirmed by the International Court of Justice in the Nicaragua Case. This fully revised second edition, while basing itself on the original version, brings the subject up to date.
Author : Noora Arajärvi
Publisher : Routledge
Page : 194 pages
File Size : 53,6 Mb
Release : 2014-04-24
Category : Law
ISBN : 9781134067275
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.
Author : Birgit Schlütter
Publisher : BRILL
Page : 407 pages
File Size : 55,5 Mb
Release : 2010-05-17
Category : Law
ISBN : 9789047431152
Building on an empirical analysis of the jurisprudence of the International Court of Justice and the two ad hoc tribunals for ex-Yugoslavia and Rwanda, this book sheds new light on the development of custom as a source of international (criminal) law.
Author : Patrick Dumberry
Publisher : Cambridge University Press
Page : 535 pages
File Size : 55,8 Mb
Release : 2018-12-13
Category : Law
ISBN : 9781316503072
Patrick Dumberry provides a comprehensive analysis of the rules of customary international law in the field of international investment law.
Author : Amanda Perreau-Saussine,James B. Murphy
Publisher : Cambridge University Press
Page : 322 pages
File Size : 50,8 Mb
Release : 2007-05-17
Category : Law
ISBN : 9781139463218
Some legal rules are not laid down by a legislator but grow instead from informal social practices. In contract law, for example, the customs of merchants are used by courts to interpret the provisions of business contracts; in tort law, customs of best practice are used by courts to define professional responsibility. Nowhere are customary rules of law more prominent than in international law. The customs defining the obligations of each State to other States and, to some extent, to its own citizens, are often treated as legally binding. However, unlike natural law and positive law, customary law has received very little scholarly analysis. To remedy this neglect, a distinguished group of philosophers, historians and lawyers has been assembled to assess the nature and significance of customary law. The book offers fresh insights on this neglected and misunderstood form of law.
Author : Peter G. Staubach
Publisher : Routledge
Page : 234 pages
File Size : 52,9 Mb
Release : 2018-04-17
Category : Law
ISBN : 9781351207294
This book seeks to re-appreciate the concept of customary international law as a form of spontaneous societal self-organisation, and to develop the methodological consequences that ensue from this conception for the practice of its application. In pursuing this aim, the author draws from three different strands of scholarship that have not yet been considered in connection with one another: First, general jurisprudential theories of customary law; second, theories of customary international law, especially as they relate to international relations scholarship; and third, methodological approaches to the interpretation of international law. This expansive, philosophical layout of the book enables the author to put the conceptual enigmas of customary international law into a broader perspective. Among the issues discussed in the book are the dichotomy of its traditional and modern forms and the respective benefits and disadvantages of inductive and deductive approaches to its ascertainment. In the course of this analysis, the author draws insights from Friedrich August Hayek’s theory of law as a ‘spontaneous order’, an information-processing device which enables the participants of a legal system to make use of decentralised knowledge. The book argues that the major advantage of custom as a source of international law lies in the fact that it is the result of a gradual process of trial and error, rather than the product of deliberate planning. This makes it a particularly apposite source of law in a time of seismic shifts in the distribution of power within a vastly diverse community of States, when a new global order is expected to emerge, the contours of which are not yet clearly discernible. This book applies general concepts of legal philosophy to explain the continuing relevance of custom as a source of international law while at the same time inferring from this theoretical framework concrete practical and methodological consequences, the most important of which is the special role that purposive interpretation plays with respect to rules of international custom. Given this broad approach, the book will be of interest to several groups of potential readers including academics interested in the philosophy of customary law in general, academic international lawyers and legal practitioners, especially judges, scholars of international relations and all those interested in how the international community of States organises itself.
Author : Yudan Tan
Publisher : BRILL
Page : 487 pages
File Size : 43,8 Mb
Release : 2021-08-09
Category : Law
ISBN : 9789004439412
In The Rome Statute as Evidence of Customary International Law, Yudan Tan offers a detailed analysis of topical issues concerning the Rome Statute of the International Criminal Court as evidence of customary international law.