Author: Abhivardhan
Publisher: Indic Pacific Legal Research LLP
ISBN: 8195708722
Category : Law
Languages : en
Pages : 98
Book Description
This analytical monograph is a technical work on the concept of customary international law. We have covered the concept of a Global Customary International Law Index. Traditionally, customary international law is a field in which how states behave and make decisions, the old traditional way is not left unaccounted. In the era of globalization (fourth stage), the purpose of CIL is declining or saturating. It does not anyways mean the end of customary international law – because the transformation of the rules-based international order clearly suggests that there is ample scope for assessing the way international law is widely accepted and put into judicious use by the international community and the ‘subjects’ of international law. This monograph is divided into 9 chapters with a list of references. We have even included an emerging concept in public and private international law, entitled as Soft Law, and have dedicated a special chapter to it. This work is a part of the series of Global Customary International Law Index, a research initiative by Global Law Assembly, the member-organization of Indic Pacific Legal Research LLP.
Global Customary International Law Index
Author: Abhivardhan
Publisher: Indic Pacific Legal Research LLP
ISBN: 8195708722
Category : Law
Languages : en
Pages : 98
Book Description
This analytical monograph is a technical work on the concept of customary international law. We have covered the concept of a Global Customary International Law Index. Traditionally, customary international law is a field in which how states behave and make decisions, the old traditional way is not left unaccounted. In the era of globalization (fourth stage), the purpose of CIL is declining or saturating. It does not anyways mean the end of customary international law – because the transformation of the rules-based international order clearly suggests that there is ample scope for assessing the way international law is widely accepted and put into judicious use by the international community and the ‘subjects’ of international law. This monograph is divided into 9 chapters with a list of references. We have even included an emerging concept in public and private international law, entitled as Soft Law, and have dedicated a special chapter to it. This work is a part of the series of Global Customary International Law Index, a research initiative by Global Law Assembly, the member-organization of Indic Pacific Legal Research LLP.
Publisher: Indic Pacific Legal Research LLP
ISBN: 8195708722
Category : Law
Languages : en
Pages : 98
Book Description
This analytical monograph is a technical work on the concept of customary international law. We have covered the concept of a Global Customary International Law Index. Traditionally, customary international law is a field in which how states behave and make decisions, the old traditional way is not left unaccounted. In the era of globalization (fourth stage), the purpose of CIL is declining or saturating. It does not anyways mean the end of customary international law – because the transformation of the rules-based international order clearly suggests that there is ample scope for assessing the way international law is widely accepted and put into judicious use by the international community and the ‘subjects’ of international law. This monograph is divided into 9 chapters with a list of references. We have even included an emerging concept in public and private international law, entitled as Soft Law, and have dedicated a special chapter to it. This work is a part of the series of Global Customary International Law Index, a research initiative by Global Law Assembly, the member-organization of Indic Pacific Legal Research LLP.
Global Customary International Law Index
Author: Bhavana J Sekhar
Publisher:
ISBN:
Category :
Languages : en
Pages : 100
Book Description
This analytical monograph is a technical work on the concept of customary international law. We have covered the concept of a Global Customary International Law Index. Traditionally, customary international law is a field in which how states behave and make decisions, the old traditional way is not left unaccounted. In the era of globalization (fourth stage), the purpose of CIL is declining or saturating. It does not anyways mean the end of customary international law - because the transformation of the rules-based international order clearly suggests that there is ample scope for assessing the way international law is widely accepted and put into judicious use by the international community and the 'subjects' of international law. This monograph is divided into 9 chapters with a list of references. We have even included an emerging concept in public and private international law, entitled as Soft Law, and have dedicated a special chapter to it.
Publisher:
ISBN:
Category :
Languages : en
Pages : 100
Book Description
This analytical monograph is a technical work on the concept of customary international law. We have covered the concept of a Global Customary International Law Index. Traditionally, customary international law is a field in which how states behave and make decisions, the old traditional way is not left unaccounted. In the era of globalization (fourth stage), the purpose of CIL is declining or saturating. It does not anyways mean the end of customary international law - because the transformation of the rules-based international order clearly suggests that there is ample scope for assessing the way international law is widely accepted and put into judicious use by the international community and the 'subjects' of international law. This monograph is divided into 9 chapters with a list of references. We have even included an emerging concept in public and private international law, entitled as Soft Law, and have dedicated a special chapter to it.
The Customary International Law of Human Rights
Author: William A. Schabas
Publisher: Oxford University Press
ISBN: 0192845691
Category : Law
Languages : en
Pages : 433
Book Description
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.
Publisher: Oxford University Press
ISBN: 0192845691
Category : Law
Languages : en
Pages : 433
Book Description
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.
Customary International Humanitarian Law
Author: Jean-Marie Henckaerts
Publisher: 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.
Publisher: 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.
The Discourse on Customary International Law
Author: Jean D'Aspremont
Publisher: 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.
Publisher: 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. Lepard
Publisher: 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.
Publisher: 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.
Custom's Future
Author: Curtis A. Bradley
Publisher: Cambridge University Press
ISBN: 1316654125
Category : Law
Languages : en
Pages : 703
Book Description
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.
Publisher: Cambridge University Press
ISBN: 1316654125
Category : Law
Languages : en
Pages : 703
Book Description
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.
Customary International Law in Times of Fundamental Change
Author: Michael P. Scharf
Publisher: 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.
Publisher: 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.
International Law: A Very Short Introduction
Author: Vaughan Lowe
Publisher: OUP Oxford
ISBN: 0191576204
Category : Law
Languages : en
Pages : 144
Book Description
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.
Publisher: OUP Oxford
ISBN: 0191576204
Category : Law
Languages : en
Pages : 144
Book Description
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.
The Customary International Law of Human Rights
Author: William A. Schabas
Publisher: Oxford University Press
ISBN: 0192660594
Category : Law
Languages : en
Pages : 384
Book Description
Customary international law is one of the principal sources of public international law. Although its existence is uncontroversial, until now the content of customary international law in the area of human rights has not been analyzed in a comprehensive manner. This book, from one of international law's foremost scholars and practitioners, provides an unparalleled account of the customary international law of human rights. It discusses the emergence of this customary law, the debates about how it is to be identified, and the efforts at formulation of customary norms. In doing so, the book provides a useful and accessible introduction to the content of international human rights. The author uses the Universal Declaration of Human Rights as a basis to examine human rights norms, and determine whether they may be described as customary. He makes use of relatively new sources of evidence of the two elements for the identification of custom: State practice and opinio juris. In particular, the book draws on the increasingly universal ratification of major human rights treaties and the materials generated by the Universal Periodic Review mechanism of the Human Rights Council. The book concludes that a large number of human rights norms may indeed be described as customary in nature, and that courts should make greater use of custom as a source of international law.
Publisher: Oxford University Press
ISBN: 0192660594
Category : Law
Languages : en
Pages : 384
Book Description
Customary international law is one of the principal sources of public international law. Although its existence is uncontroversial, until now the content of customary international law in the area of human rights has not been analyzed in a comprehensive manner. This book, from one of international law's foremost scholars and practitioners, provides an unparalleled account of the customary international law of human rights. It discusses the emergence of this customary law, the debates about how it is to be identified, and the efforts at formulation of customary norms. In doing so, the book provides a useful and accessible introduction to the content of international human rights. The author uses the Universal Declaration of Human Rights as a basis to examine human rights norms, and determine whether they may be described as customary. He makes use of relatively new sources of evidence of the two elements for the identification of custom: State practice and opinio juris. In particular, the book draws on the increasingly universal ratification of major human rights treaties and the materials generated by the Universal Periodic Review mechanism of the Human Rights Council. The book concludes that a large number of human rights norms may indeed be described as customary in nature, and that courts should make greater use of custom as a source of international law.