Author: Panos MerkourisPublisher: Cambridge University Press
ISBN: 131651689X
Category : Law
Languages : en
Pages : 647
Book Description
Provides an in-depth study of the theory, history, practice, and interpretation of customary international law.
The Theory, Practice and Interpretation of Customary International Law
Author: Panos MerkourisPublisher: Cambridge University Press
ISBN: 131651689X
Category : Law
Languages : en
Pages : 647
Book Description
Provides an in-depth study of the theory, history, practice, and interpretation of customary international law.
Customary International Humanitarian Law
Author: Jean-Marie HenckaertsPublisher: Cambridge University Press
ISBN: 0521808995
Category : Law
Languages : en
Pages : 610
Book Description
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.
Customary International Law
Author: Brian D. LepardPublisher: Cambridge University Press
ISBN: 052119136X
Category : Law
Languages : en
Pages : 441
Book Description
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.
Customary International Law in Times of Fundamental Change
Author: Michael P. ScharfPublisher: Cambridge University Press
ISBN: 1107276764
Category : Law
Languages : en
Pages : 241
Book Description
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.
The Discourse on Customary International Law
Author: Jean D'AspremontPublisher: Oxford University Press
ISBN: 0192843907
Category : Law
Languages : en
Pages : 193
Book Description
"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.
Reexamining Customary International Law
Author: Brian D. LepardPublisher: Cambridge University Press
ISBN: 1108107931
Category : Law
Languages : en
Pages :
Book Description
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.
The European Union and Customary International Law
Author: Fernando Lusa BordinPublisher: Cambridge University Press
ISBN: 1108832970
Category : Law
Languages : en
Pages : 337
Book Description
The book offers a systematic discussion of the facets of the relationship between the European Union and customary international law.
Customary International Law and Treaties
Author: Mark Eugen VilligerPublisher: Martinus Nijhoff Publishers
ISBN: 9041104585
Category : Law
Languages : en
Pages : 374
Book Description
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.
The Nature of Customary Law
Author: Amanda Perreau-SaussinePublisher: Cambridge University Press
ISBN: 1139463217
Category : Law
Languages : en
Pages : 322
Book Description
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.
Customary International Law
Author: Pierre-Marie DupuyPublisher: Edward Elgar Publishing
ISBN: 9781788118903
Category :
Languages : en
Pages : 904
Book Description
This Research Collection provides a comprehensive spectrum of articles published in the last seven decades in the field of customary international law. International custom "as evidence of a general practice accepted as law", is considered one of the two main sources of international law as it primarily derives from the conduct of sovereign States, but is also closely connected with the role of the international judge when identifying the applicable customary rule, a function it shares with the bodies in charge of its codification (and progressive development), starting with the International Law Commission. Though mainly considered to be general international law, international custom has a complex relationship with many specific fields of law and specific regions of the world. Alongside the key articles, this important collection includes an original introduction by the editor and will be invaluable to everyone interested in the subject.