The Discourse On Customary International Law
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The Discourse On Customary International Law
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Author : Jean D'Aspremont
language : en
Publisher:
Release Date : 2021
The Discourse On Customary International Law written by Jean D'Aspremont and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with Customary law, International categories.
Along with treaties, custom is one of the sources of international law. It is known to consist of two elements: state practice and opinio juris. While many studies have looked at traditional questions of how to identify customary law, this book takes an original approach. It looks instead at the structure of thought that lies beneath the arguments about customary international law. By examining these structures, it uncovers surprising conclusions, and demonstrates what the author describes as the 'discursive splendour' of customary international law.
The Discourse On Customary International Law
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Author : Jean D'Aspremont
language : en
Publisher: Oxford University Press
Release Date : 2021
The Discourse On Customary International Law written by Jean D'Aspremont and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with Law categories.
This book provides an accessible and highly engaging discussion of customary international law. It employs an original theoretical perspective to unpack the structures of thought that lie beneath any claims made regarding customary international law.
Customary International Law
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Author : Brian D. Lepard
language : en
Publisher: Cambridge University Press
Release Date : 2010-01-11
Customary International Law written by Brian D. Lepard 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 2010-01-11 with Law categories.
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.
Judicial Practice Customary International Criminal Law And Nullum Crimen Sine Lege
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Author : Thomas Rauter
language : en
Publisher: Springer
Release Date : 2017-09-05
Judicial Practice Customary International Criminal Law And Nullum Crimen Sine Lege written by Thomas Rauter and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-09-05 with Law categories.
This study analyzes the methods used by international criminal tribunals when determining customary international criminal law and to consider the compatibility of these approaches with the nullum crimen sine lege principle. In this context, the following research questions are of particular importance: Is there one approach common to all international criminal tribunals, or can different approaches be detected in their jurisprudence when determining customary international law? Do international criminal tribunals regard both traditional elements of customary international law – State practice and opinio iuris – as necessary elements for the establishment of customary international law? Do international criminal tribunals argue along the lines of the International Court of Justice (ICJ), requiring a high frequency and consistency of State practice that is both “extensive and virtually uniform”?In addition, the book analyzes the evidence used by international criminal tribunals in order to establish the constituent elements of customary international. It then poses the question: Do international criminal tribunals distinguish, as defined by Schwarzenberger, between the “law-creating processes” of public international law on the one hand, and the “law-determining agencies” as a subsidiary means of determining rule of law on the other?Assuming that they exist, how can different methodological approaches to determine customary international law be assessed in light of the nullum crimen sine lege principle? Does the principle require judges to apply the traditional method to establish customary international law as being based on extensive, uniform and enduring State practice accompanied by opinio iuris? Can the principle balance the desire for justice and the specificities of law creation of the international legal order with fairness for the accused? How can the law be accessible and criminal punishment foreseeable, when the underlying legal basis for criminal convictions, namely customary international criminal law, is unwritten in nature?
The Theory Practice And Interpretation Of Customary International Law
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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.
A Foucauldian Approach To International Law
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Author : Leonard M. Hammer
language : en
Publisher: Routledge
Release Date : 2016-03-23
A Foucauldian Approach To International Law written by Leonard M. Hammer and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-03-23 with Law categories.
Foucault's challenging view of power and knowledge as the basis for interpreting the international system forms the central themes of this book. As the application of international law expands and develops this book considers how Foucault's approach may create a viable framework that is not beset by ontological issues. With International law essentially stuck within an older framework of outmoded statist approaches, and overly broad understanding of the significance of external actors such as international organizations; current interpretations are either rooted in a narrow attempt to demonstrate a functioning normative structure or interpret developments as reflective of some emerging and somewhat unwieldy ethical order. This book therefore aims to ameliorate the approaches of a number of different 'schools' within the disciplines of international law and international relations, without being wedded to a single concept. Current scholarship in international law tends to favour an unresolved critique, a utopian vision, or to refer to other disciplines like international relations without fully explaining the significance or importance of taking such a step. This book analyses a variety of problems and issues that have surfaced within the international system and provides a framework for consideration of these issues, with a view towards accounting for ongoing developments in the international arena.
International Law As A Belief System
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Author : Jean d'Aspremont
language : en
Publisher: Cambridge University Press
Release Date : 2017-11-09
International Law As A Belief System written by Jean d'Aspremont 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 2017-11-09 with Law categories.
International Law as a Belief System considers how we construct international legal discourses and the self-referentiality at the centre of all legal arguments about international law. It explores how the fundamental doctrines (e.g. sources, responsibility, statehood, personality, interpretation and jus cogens etc.) constrain legal reasoning by inventing their own origin and dictating the nature of their functioning. In this innovative work, d'Aspremont argues that these processes constitute the mark of a belief system. This book invites international lawyers to temporarily suspend some of their understandings about the fundamental doctrines they adhere to in their professional activities. It aims to provide readers with new tools to reinvent the thinking about international law and combines theory and practice to offer insights that are valuable for both theorists and practitioners.
Interpretation Of Customary International Law
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Author : Panos Merkouris
language : en
Publisher: BRILL
Release Date : 2024-10-28
Interpretation Of Customary International Law written by Panos Merkouris and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-10-28 with Law categories.
In international law interpretation is ubiquitous. However, whereas in the case of treaty interpretation, this process has been codified in Articles 31-33 of the Vienna Convention on the Law of Treaties, the interpretation of rules of customary international law has remained largely unexplored. This monograph demonstrates not only that rules of customary international law can be interpreted but also that they have continuously been interpreted by international and domestic courts. Through an examination of this case-law, the various methods of interpretation of customary rules and their limits are identified as well as the similarities and differences with the rules of treaty interpretation.
International Law Theories
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Author : Andrea Bianchi
language : en
Publisher: Oxford University Press
Release Date : 2016
International Law Theories written by Andrea Bianchi and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Law categories.
Two fish are swimming in a pond. 'Do you know what?' the fish asks his friend. 'No, tell me.' 'I was talking to a frog the other day. And he told me that we are surrounded by water ' His friend looks at him with great scepticism: 'Water? What's that? Show me some water ' International lawyers often find themselves focused on the practice of the law rather than the underlying theories. This book is an attempt to stir up 'the water' that international lawyers swim in. It analyses a range of theoretical approaches to international law and invites readers to engage with different ways of legal thinking in order to familiarize themselves with the water all around us, of which we hardly have any perception. The main aim of this book is to provide interested scholars, practitioners, and students of international law and other disciplines with an introduction to various international legal theories, their genealogies, and possible critiques. By providing an analytical approach to international legal theory, the book encourages readers to enhance their sensitivity to these different approaches and to consider how the presuppositions behind each theory affect analysis, research, and practice in international law. International Law Theories is intended to assist students, scholars, and practitioners in reflecting more generally about how knowledge is formed in the field.
Formalism And The Sources Of International Law
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Author : Jean d'Aspremont
language : en
Publisher: Oxford University Press
Release Date : 2011-09-15
Formalism And The Sources Of International Law written by Jean d'Aspremont and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-09-15 with Law categories.
As a result of the growing prominence of international organizations and non-binding instruments there is increasing controversy as to how to delineate the boundaries of international law. This book advocates a return to a more formal way of determining what is and isn't international law, and suggests ways in which this formalism can be modernized