The Changing Nature Of Customary International Law
DOWNLOAD
Download The Changing Nature Of Customary International Law PDF/ePub or read online books in Mobi eBooks. Click Download or Read Online button to get The Changing Nature Of Customary International Law book now. This website allows unlimited access to, at the time of writing, more than 1.5 million titles, including hundreds of thousands of titles in various foreign languages. If the content not found or just blank you must refresh this page
The Changing Nature Of Customary International Law
DOWNLOAD
Author : Noora Arajärvi
language : en
Publisher: Routledge
Release Date : 2014-04-24
The Changing Nature Of Customary International Law written by Noora Arajärvi and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-04-24 with Law categories.
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.
The Theory Practice And Interpretation Of Customary International Law
DOWNLOAD
Author : Panos Merkouris
language : en
Publisher: Cambridge University Press
Release Date : 2022-05-26
The Theory Practice And Interpretation Of Customary International Law written by Panos Merkouris and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-05-26 with Law categories.
Provides an in-depth study of the theory, history, practice, and interpretation of customary international law.
The Nature Of Customary Law
DOWNLOAD
Author : Amanda Perreau-Saussine
language : en
Publisher: Cambridge University Press
Release Date : 2007-05-17
The Nature Of Customary Law written by Amanda Perreau-Saussine and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-05-17 with Law categories.
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.
Custom Power And The Power Of Rules
DOWNLOAD
Author : Michael Byers
language : en
Publisher: Cambridge University Press
Release Date : 1999-03-11
Custom Power And The Power Of Rules written by Michael Byers and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999-03-11 with Law categories.
This book explains the most foundational aspect of international law in international relations terms.
Change And Stability In International Law Making
DOWNLOAD
Author : Antonio Cassese
language : en
Publisher: Walter de Gruyter
Release Date : 2010-10-13
Change And Stability In International Law Making written by Antonio Cassese and has been published by Walter de Gruyter this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-10-13 with Law categories.
Change and Stability in International Law-Making.
International Custom And The Continental Shelf
DOWNLOAD
Author : Zdenek J. Slouka
language : en
Publisher: Springer
Release Date : 2012-12-06
International Custom And The Continental Shelf written by Zdenek J. Slouka and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-12-06 with Law categories.
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.
Custom S Future
DOWNLOAD
Author : Curtis A. Bradley
language : en
Publisher: Cambridge University Press
Release Date : 2016-02-15
Custom S Future written by Curtis A. Bradley and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-02-15 with Law categories.
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.
The Changing Profile Of The Natural Law
DOWNLOAD
Author : Michael Bertram Crowe
language : en
Publisher: BRILL
Release Date : 1977
The Changing Profile Of The Natural Law written by Michael Bertram Crowe and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 1977 with Law categories.
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.
Fundamentals Of Public International Law
DOWNLOAD
Author : Giovanni Distefano
language : en
Publisher: BRILL
Release Date : 2019-05-07
Fundamentals Of Public International Law written by Giovanni Distefano and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-05-07 with Law categories.
Fundamentals of Public International Law, by Giovanni Distefano, provides an overview of public international law’s main principles and fundamental institutions.
Customary International Humanitarian Law
DOWNLOAD
Author : Jean-Marie Henckaerts
language : en
Publisher: Cambridge University Press
Release Date : 2005-03-03
Customary International Humanitarian Law written by Jean-Marie Henckaerts and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-03-03 with Law categories.
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.