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| Author | : Panos Merkouris |
| Publisher | : Cambridge University Press |
| Total Pages | : 647 |
| Release | : 2022-05-26 |
| Genre | : 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 |
| Total Pages | : 441 |
| Release | : 2010-01-11 |
| Genre | : 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 |
| Total Pages | : 703 |
| Release | : 2016-02-15 |
| Genre | : 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 |
| Total Pages | : 337 |
| Release | : 2022-11-03 |
| Genre | : Law |
| ISBN | : 1108832970 |
The book offers a systematic discussion of the facets of the relationship between the European Union and customary international law.
| Author | : David J. Bederman |
| Publisher | : Cambridge University Press |
| Total Pages | : |
| Release | : 2010-08-16 |
| Genre | : Law |
| ISBN | : 1139493663 |
A central puzzle in jurisprudence has been the role of custom in law. Custom is simply the practices and usages of distinctive communities. But are such customs legally binding? Can custom be law, even before it is recognized by authoritative legislation or precedent? And, assuming that custom is a source of law, what are its constituent elements? Is proof of a consistent and long-standing practice sufficient, or must there be an extra ingredient - that the usage is pursued out of a sense of legal obligation, or, at least, that the custom is reasonable and efficacious? And, most tantalizing of all, is custom a source of law that we should embrace in modern, sophisticated legal systems, or is the notion of law from below outdated, or even dangerous, today? This volume answers these questions through a rigorous multidisciplinary, historical, and comparative approach, offering a fresh perspective on custom's enduring place in both domestic and international law.
| Author | : William A. Schabas |
| Publisher | : Oxford University Press |
| Total Pages | : 433 |
| Release | : 2021 |
| Genre | : 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 | : Brian D. Lepard |
| Publisher | : Cambridge University Press |
| Total Pages | : |
| Release | : 2017-02-16 |
| Genre | : 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 | : Michael P. Scharf |
| Publisher | : Cambridge University Press |
| Total Pages | : 241 |
| Release | : 2013-05-31 |
| Genre | : Law |
| ISBN | : 1107276764 |
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.
| Author | : Jean-Marie Henckaerts |
| Publisher | : Cambridge University Press |
| Total Pages | : 610 |
| Release | : 2005-03-03 |
| Genre | : Law |
| ISBN | : 0521808995 |
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.
| Author | : Amanda Perreau-Saussine |
| Publisher | : Cambridge University Press |
| Total Pages | : 322 |
| Release | : 2007-05-17 |
| Genre | : 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.
