The Changing Nature Of Customary International Law

Author : Noora Arajärvi
Publisher : Routledge
Page : 215 pages
File Size : 52,7 Mb
Release : 2014-04-24
Category : Law
ISBN : 9781134067275

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The Changing Nature of Customary International Law by Noora Arajärvi Pdf

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 : Panos Merkouris,Jörg Kammerhofer,Noora Arajärvi
Publisher : Cambridge University Press
Page : 647 pages
File Size : 40,5 Mb
Release : 2022-05-26
Category : Law
ISBN : 9781316516898

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The Theory, Practice and Interpretation of Customary International Law by Panos Merkouris,Jörg Kammerhofer,Noora Arajärvi Pdf

Provides an in-depth study of the theory, history, practice, and interpretation of customary international law.

Author : Amanda Perreau-Saussine,James B. Murphy
Publisher : Cambridge University Press
Page : 322 pages
File Size : 47,8 Mb
Release : 2007-05-17
Category : Law
ISBN : 9781139463218

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The Nature of Customary Law by Amanda Perreau-Saussine,James B. Murphy Pdf

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 : Michael Byers
Publisher : Cambridge University Press
Page : 276 pages
File Size : 52,7 Mb
Release : 1999-03-11
Category : Law
ISBN : 0521634083

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Custom, Power and the Power of Rules by Michael Byers Pdf

This book explains the most foundational aspect of international law in international relations terms.

Author : Noora Arajärvi
Publisher : Routledge
Page : 209 pages
File Size : 50,8 Mb
Release : 2014-04-24
Category : Law
ISBN : 9781134067343

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The Changing Nature of Customary International Law by Noora Arajärvi Pdf

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 : Jean-Marie Henckaerts,Carolin Alvermann,Comité international de la Croix-Rouge
Publisher : Cambridge University Press
Page : 610 pages
File Size : 52,7 Mb
Release : 2005-03-03
Category : Law
ISBN : 9780521808996

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Customary International Humanitarian Law by Jean-Marie Henckaerts,Carolin Alvermann,Comité international de la Croix-Rouge Pdf

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 : Leena Grover
Publisher : Cambridge University Press
Page : 475 pages
File Size : 50,7 Mb
Release : 2014-10-16
Category : Law
ISBN : 9781107067721

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Interpreting Crimes in the Rome Statute of the International Criminal Court by Leena Grover Pdf

This book offers the first detailed analysis of, and guide to, the interpretation of international crimes defined in the Rome Statute.

Author : Vaughan Lowe
Publisher : OUP Oxford
Page : 144 pages
File Size : 49,5 Mb
Release : 2015-11-26
Category : Law
ISBN : 9780191576201

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International Law: A Very Short Introduction by Vaughan Lowe Pdf

Interest in international law has increased greatly over the past decade, largely because of its central place in discussions such as the Iraq War and Guantanamo, the World Trade Organisation, the anti-capitalist movement, the Kyoto Convention on climate change, and the apparent failure of the international system to deal with the situations in Palestine and Darfur, and the plights of refugees and illegal immigrants around the world. This Very Short Introduction explains what international law is, what its role in international society is, and how it operates. Vaughan Lowe examines what international law can and cannot do and what it is and what it isn't doing to make the world a better place. Focussing on the problems the world faces, Lowe uses terrorism, environmental change, poverty, and international violence to demonstrate the theories and practice of international law, and how the principles can be used for international co-operation.

Author : Hugh Thirlway
Publisher : Oxford University Press
Page : 262 pages
File Size : 52,8 Mb
Release : 2014-02
Category : Law
ISBN : 9780199685394

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The Sources of International Law by Hugh Thirlway Pdf

Because of its unique nature, the sources of international law are not always easy to identify and interpret. This book provides an ideal introduction to these sources for anyone needing to better understand where international law comes from. As well as looking at treaties and custom, the book will look at more modern and controversial sources.

Author : James A. Green
Publisher : Oxford University Press
Page : 353 pages
File Size : 55,6 Mb
Release : 2016
Category : Law
ISBN : 9780198704218

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The Persistent Objector Rule in International Law by James A. Green Pdf

Focusing on how states have utilized the persistent objector rule in practice, this volume details how the rule emerged and operates, how it should be conceptualised, and what its implications are for the binding nature of customary international law.

Author : Anne Peters
Publisher : Cambridge University Press
Page : 645 pages
File Size : 51,7 Mb
Release : 2016-10-27
Category : Law
ISBN : 9781107164307

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Beyond Human Rights by Anne Peters Pdf

Beyond Human Rights, previously published in German and now available in English, is a historical and doctrinal study about the legal status of individuals in international law.

Author : Brian D. Lepard
Publisher : Cambridge University Press
Page : 441 pages
File Size : 40,7 Mb
Release : 2010-01-11
Category : Law
ISBN : 9780521191364

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Customary International Law by Brian D. Lepard Pdf

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 : Brian D. Lepard
Publisher : Cambridge University Press
Page : 128 pages
File Size : 40,6 Mb
Release : 2017-02-16
Category : Law
ISBN : 9781108107938

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Reexamining Customary International Law by Brian D. Lepard Pdf

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 : 50,9 Mb
Release : 2021
Category : Law
ISBN : 9780192845696

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The Customary International Law of Human Rights by William A. Schabas Pdf

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 : Emer de Vattel
Publisher : Unknown
Page : 668 pages
File Size : 54,7 Mb
Release : 1856
Category : International law
ISBN : HARVARD:32044103162251

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The Law of Nations by Emer de Vattel Pdf