Book Description
Provides an in-depth study of the theory, history, practice, and interpretation of customary international law.
Author : Panos Merkouris
Publisher : Cambridge University Press
Page : 647 pages
File Size : 19,8 MB
Release : 2022-05-26
Category : Law
ISBN : 131651689X
Provides an in-depth study of the theory, history, practice, and interpretation of customary international law.
Author : Brian D. Lepard
Publisher : Cambridge University Press
Page : 441 pages
File Size : 29,54 MB
Release : 2010-01-11
Category : Law
ISBN : 052119136X
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 : Curtis A. Bradley
Publisher : Cambridge University Press
Page : 703 pages
File Size : 20,44 MB
Release : 2016-02-15
Category : Law
ISBN : 1316654125
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.
Author : Fernando Lusa Bordin
Publisher : Cambridge University Press
Page : 337 pages
File Size : 14,6 MB
Release : 2022-11-03
Category : Law
ISBN : 1108832970
The book offers a systematic discussion of the facets of the relationship between the European Union and customary international law.
Author : William A. Schabas
Publisher : Oxford University Press
Page : 433 pages
File Size : 46,24 MB
Release : 2021
Category : Law
ISBN : 0192845691
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 : Ramesh Thakur
Publisher : Routledge
Page : 254 pages
File Size : 28,66 MB
Release : 2021-12-21
Category : Political Science
ISBN : 1000516938
The contributors to this book describe, discuss, and evaluate the normative reframing brought about by the Treaty on the Prohibition of Nuclear Weapons (the Ban Treaty), taking you on a journey through its genesis and negotiation history to the shape of the emerging global nuclear order. Adopted by the United Nations on 7 July 2017, the Ban Treaty came into effect on 22 January 2021. For advocates and supporters, weapons that were always immoral are now also illegal. To critics, it represents a profound threat to the stability of the existing global nuclear order with the Nuclear Non-proliferation Treaty as the normative anchor. As the most significant leap in nuclear disarmament in fifty years and a rare case study of successful state-civil society partnership in multilateral diplomacy, the Ban Treaty challenges the established order. The book’s contributors are leading experts on the Ban Treaty, including senior scholars, policymakers and civil society activists. A vital guide to the Ban Treaty for students of nuclear disarmament, arms control and diplomacy as well as for policymakers in those fields.
Author : Jean D'Aspremont
Publisher : Oxford University Press
Page : 193 pages
File Size : 34,76 MB
Release : 2021
Category : Law
ISBN : 0192843907
"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 : pages
File Size : 13,54 MB
Release : 2017-02-16
Category : Law
ISBN : 1108107931
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 : Amanda Perreau-Saussine
Publisher : Cambridge University Press
Page : 322 pages
File Size : 30,53 MB
Release : 2007-05-17
Category : Law
ISBN : 1139463217
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 : Birgit Schlütter
Publisher : BRILL
Page : 407 pages
File Size : 31,2 MB
Release : 2010-05-17
Category : Law
ISBN : 9047431154
Customary 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.