The Identification and Development of Customary International Law
Author: James Richard Crawford
Publisher:
Published: 2014
Total Pages: 15
ISBN-13:
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Author: James Richard Crawford
Publisher:
Published: 2014
Total Pages: 15
ISBN-13:
DOWNLOAD EBOOKAuthor: Panos Merkouris
Publisher: Cambridge University Press
Published: 2022-05-26
Total Pages: 647
ISBN-13: 131651689X
DOWNLOAD EBOOKProvides an in-depth study of the theory, history, practice, and interpretation of customary international law.
Author: Brian D. Lepard
Publisher: Cambridge University Press
Published: 2010-01-11
Total Pages: 441
ISBN-13: 052119136X
DOWNLOAD EBOOKThis 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: Birgit Schlütter
Publisher: BRILL
Published: 2010-05-17
Total Pages: 407
ISBN-13: 9047431154
DOWNLOAD EBOOKCustomary international law is the most important source of international criminal law. Fifty years after the Nuremberg trials, many convictions imposed by the tribunals for the former Yugoslavia and Rwanda are still based on customary international law alone. The International Criminal Court, by contrast, has not yet had much opportunity to give more guidance on this matter. Hence, it is worthwhile to provide an overview of the current status of custom by analysing the ad hoc tribunal’s case law on this point. Including a comprehensive synopsis of current literature and a contrast of the ad hoc tribunal’s case law with the jurisprudence of the International Court of Justice, this book offers an inclusive insight into the source’s past and future.
Author: H. W. A. Thirlway
Publisher: Oxford University Press
Published: 2016
Total Pages: 241
ISBN-13: 0198779070
DOWNLOAD EBOOKAn easily accessible and comprehensive study of the International Court of Justice, this book succinctly explains all aspects of the world's most important court, including an overview of its composition and operation, jurisdiction, procedure, and the nature and impact of its judgments.
Author: Fernando Lusa Bordin
Publisher: Cambridge University Press
Published: 2022-11-03
Total Pages: 337
ISBN-13: 1108832970
DOWNLOAD EBOOKThe book offers a systematic discussion of the facets of the relationship between the European Union and customary international law.
Author: Jean-Marie Henckaerts
Publisher: Cambridge University Press
Published: 2005-03-03
Total Pages: 610
ISBN-13: 0521808995
DOWNLOAD EBOOKCustomary 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: Jean d'Aspremont
Publisher: Oxford University Press
Published: 2021-05-10
Total Pages: 193
ISBN-13: 0192657704
DOWNLOAD EBOOKAlong with treaties, custom is one of the sources of international law. It is known to consist of two elements: state practice and opinio juris. While many studies have looked at traditional questions of how to identify customary law, this book takes a new and original approach. It looks instead at the structure of thought that lies beneath the arguments about customary international law. By examining these structures, the book uncovers surprising conclusions, and demonstrates what the author describes as the 'discursive splendour' of customary international law. 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. This book provides an engaging account of customary international law, whilst challenging readers to rethink their understanding of this fundamental part of the discipline.
Author: Patrick Dumberry
Publisher: Cambridge University Press
Published: 2016-03-18
Total Pages: 917
ISBN-13: 1316546292
DOWNLOAD EBOOKRules 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.
Author: Noora Arajärvi
Publisher: Routledge
Published: 2014-04-24
Total Pages: 215
ISBN-13: 1134067275
DOWNLOAD EBOOKThis 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.