Download or read book The Changing Nature of Customary International Law written by Noora Arajärvi and published by Routledge. This book was released on 2014-04-24 with total page 215 pages. Available in PDF, EPUB and Kindle. Book excerpt: This 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.
Download or read book The Theory Practice and Interpretation of Customary International Law written by Panos Merkouris and published by Cambridge University Press. This book was released on 2022-05-26 with total page 647 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides an in-depth study of the theory, history, practice, and interpretation of customary international law.
Download or read book The Nature of Customary Law written by Amanda Perreau-Saussine and published by Cambridge University Press. This book was released on 2007-05-17 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Customary International Humanitarian Law written by Jean-Marie Henckaerts and published by Cambridge University Press. This book was released on 2005-03-03 with total page 610 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Fundamentals of Public International Law written by Giovanni Distefano and published by BRILL. This book was released on 2019-05-07 with total page 991 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fundamentals of Public International Law, by Giovanni Distefano, provides an overview of public international law’s main principles and fundamental institutions.
Download or read book Custom Power and the Power of Rules written by Michael Byers and published by Cambridge University Press. This book was released on 1999-03-11 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explains the most foundational aspect of international law in international relations terms.
Download or read book International Law A Very Short Introduction written by Vaughan Lowe and published by OUP Oxford. This book was released on 2015-11-26 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Sources of International Law written by Hugh Thirlway and published by Oxford University Press. This book was released on 2014-02 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: Because of its unique nature, the sources of international law are not always easy to identify and interpret. This book provides an ideal introduction to these sources for anyone needing to better understand where international law comes from. As well as looking at treaties and custom, the book will look at more modern and controversial sources.
Download or read book Custom s Future written by Curtis A. Bradley and published by Cambridge University Press. This book was released on 2016-02-15 with total page 703 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Persistent Objector Rule in International Law written by James A. Green and published by Oxford University Press. This book was released on 2016 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focusing on how states have utilized the persistent objector rule in practice, this volume details how the rule emerged and operates, how it should be conceptualised, and what its implications are for the binding nature of customary international law.
Download or read book Customary International Law written by Brian D. Lepard and published by Cambridge University Press. This book was released on 2010-01-11 with total page 441 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Changing Profile of the Natural Law written by Michael Bertram Crowe and published by BRILL. This book was released on 1977 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work approaches international law as more than merely information contained in international legal norms, & does not view international law as a body of objective & binding normative commands. As 'legal knowledge', international law encompasses rules, practices & the expectations actors derive through legal reasoning from conventional legal rules, customary norms, international adjudication, & international legal theory. The study is in three parts. Part I constructs a framework to analyze the effectiveness of international law to influence decision-making within conflict resolution processes. Drawing on the contending approaches of the New Haven School of International Law & its rivals & applying various devices of linkage theory, the analysis isolates variables & indicators of the impact of legal expectations on actors' decision-making style. These variables & indicators also reveal the ways international legal rules are affected by the actors' perceptions about the normative contents of such rules in a particular bargaining process. Parts II & III apply the framework of Part I to explain the role of international law in the Central American peace negotiations of the 1980s. Using the framework, Parts II & III identify sources of uncertainty & diverging expectations in the Western Hemisphere that aggravated rather than assuaged the Central American crisis. Parts II & III also explain the normative constraints that affected Central American decision-makers & provided the basis for most of the regional consensus within the Esquipulas meeting. With the help of heuristic devices from the behavioral sciences, this study of international law proposes an alternative to the traditional views of international legal effectiveness in the modern world. Joaquín Tacsan , Lic. en Der. & M.A. International Law (University of Costa Rica); L.L.M. J.S.D. (Boalt Hall, University of California, Berkeley). Mr Tacsan currently serves as Executive Advisor to former President of Costa Rica & 1987 Nobel Laureate Oscar Arias & as program Advisor of the Arias Foundation's Centre for Peace & Reconciliation. He is professor of Public International Law at the University of San Jose, Costa Rica.
Download or read book Beyond Human Rights written by Anne Peters and published by Cambridge University Press. This book was released on 2016-10-27 with total page 645 pages. Available in PDF, EPUB and Kindle. Book excerpt: Beyond Human Rights, previously published in German and now available in English, is a historical and doctrinal study about the legal status of individuals in international law.
Download or read book Change and Stability in International Law making written by Antonio Cassese and published by Walter de Gruyter. This book was released on 1988 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on the proceedings of two international colloquia held at the European University Institute, Florence.
Download or read book The Customary International Law of Human Rights written by William A. Schabas and published by Oxford University Press. This book was released on 2021 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book International Custom and the Continental Shelf written by Zdenek J. Slouka and published by Springer. This book was released on 2012-12-06 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the reasons for the speed with which international law has been changing in recent years has been the acceleration in the development of technology. New technological capabilities create opportunities for new kinds of economic activities which in turn require new legal norms to regulate them. Many such norms are formulated by express agreement and embodied in multilateral treaties. Much of contemporary air and space law is being developed by this method. For various reasons, however, the treaty making process is not always adequate for the development of new law, at least in its initial stages. Express agreement of a substantial majority of states on norms formulated with some precision requires much time and effort. Eighteen years have passed, for example, since the United Nations International Law Commission began its work on the law of the sea which led to the formulation of four conventions at the Geneva Conference of 1958 on this subject. Ten years after this Conference, none of the four conventions has been ratified or acceded to by a majority of the states of the world. It is not surprising, therefore, that in some fie1ds new law first emerges as a set of customary norms of varying degrees of c1arity and general accep tance. But the nature of the process of development and change of customary norms has remained inadequately understood and explained in the theory of intemationallaw. Some eminent jurists have called it "a mystery.
Download or read book International Law in a Changing World written by Clarence Wilfred Jenks and published by . This book was released on 2012-05-01 with total page 134 pages. Available in PDF, EPUB and Kindle. Book excerpt: Additional Contributors Include Dag Hammarskjold, Andre Gros, Jimenez De Arechaga, And Others.
