Customary International Law in Times of Fundamental Change
Customary International Law in Times of Fundamental Change

Author: Michael P. Scharf

Publisher: Cambridge University Press

Published: 2013-05-31

Total Pages: 241

ISBN-13: 1107276764

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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.

Customary International Humanitarian Law
Customary International Humanitarian Law

Author: Jean-Marie Henckaerts

Publisher: Cambridge University Press

Published: 2005-03-03

Total Pages: 610

ISBN-13: 0521808995

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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.

Custom's Future
Custom's Future

Author: Curtis A. Bradley

Publisher: Cambridge University Press

Published: 2016-02-15

Total Pages: 703

ISBN-13: 1316654125

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Although customary international law has long been an important source of rights and obligations in international relations, there has been extensive debate in recent years about whether this body of law is equipped to address complex modern problems such as climate change, international terrorism, and global financial instability. In addition, there is growing uncertainty about how, precisely, international and domestic courts should identify rules of customary international law. Custom's Future seeks to address this uncertainty by providing a better understanding of how customary international law has developed over time, the way in which it is applied in practice, and the challenges that it faces going forward. Reflecting an interdisciplinary mix of historical, empirical, economic, philosophical, and doctrinal analysis, and containing chapters by leading international law experts, it will be of use to lawyers, judges, and researchers alike.

Fundamentals of Public International Law
Fundamentals of Public International Law

Author: Giovanni Distefano

Publisher: BRILL

Published: 2019-05-07

Total Pages: 991

ISBN-13: 9004396691

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Fundamentals of Public International Law, by Giovanni Distefano, provides an overview of public international law’s main principles and fundamental institutions.

Customary International Law
Customary International Law

Author: Brian D. Lepard

Publisher: Cambridge University Press

Published: 2010-01-11

Total Pages: 441

ISBN-13: 1139484168

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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.

The Sources of International Law
The Sources of International Law

Author: Hugh Thirlway

Publisher: Oxford University Press

Published: 2014-02

Total Pages: 262

ISBN-13: 0199685398

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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.

Customary International Law and Treaties
Customary International Law and Treaties

Author: Mark Eugen Villiger

Publisher: Martinus Nijhoff Publishers

Published: 1997-10-29

Total Pages: 374

ISBN-13: 9041104585

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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.

International Law
International Law

Author: Vaughan Lowe

Publisher: OUP Oxford

Published: 2007-09-27

Total Pages: 328

ISBN-13: 0191027286

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International Law is both an introduction to the subject and a critical consideration of its central themes and debates. The opening chapters of the book explain how international law underpins the international political and economic system by establishing the basic principle of the independence of States, and their right to choose their own political, economic, and cultural systems. Subsequent chapters then focus on considerations that limit national freedom of choice (e.g. human rights, the interconnected global economy, the environment). Through the organizing concepts of territory, sovereignty, and jurisdiction the book shows how international law seeks to achieve an established set of principles according to which the power to make and enforce policies is distributed among States.

Sources of International Law
Sources of International Law

Author: Martti Koskenniemi

Publisher: Routledge

Published: 2017-07-05

Total Pages: 575

ISBN-13: 1351548166

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A collection of essays on the various aspects of the legal sources of international law, including theories of the origin of international law, explanation of its binding force, normative hierarchies and the relation of international law and politics.