The Theory Practice And Interpretation Of Customary International Law

Author : Panos Merkouris
Publisher : Cambridge University Press
ISBN 13 : 1009035843
Total Pages : 647 pages
Book Rating : 4.42/5 ( download)

DOWNLOAD NOW!

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: This volume discusses the theory, practice, and interpretation of customary international law, as well as new developments and future research trajectories. Combining discussions of familiar concepts with new ideas, it is useful for researchers, scholars, and practitioners of international law. Available Open Access on Cambridge Core.

Author : Mark Eugen Villiger
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9041104585
Total Pages : 374 pages
Book Rating : 4.88/5 ( download)

DOWNLOAD NOW!

Download or read book Customary International Law and Treaties written by Mark Eugen Villiger and published by Martinus Nijhoff Publishers. This book was released on 1997-10-29 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: States often regard themselves bound by treaty rules which have developed under customary international law, even though many of the treaties themselves have not been ratified. The Law of the Sea Convention, for instance, has generated new customary rules which modified the 1958 Geneva Conventions. These & many other issues are dealt with clearly & systematically in this informative handbook on the relations between written & unwritten international law. The conclusions of the first edition of Customary International Law & Treaties were largely confirmed by the International Court of Justice in the Nicaragua Case. This fully revised second edition, while basing itself on the original version, brings the subject up to date.

Author : Jean d'Aspremont
Publisher : Oxford University Press
ISBN 13 : 0192657704
Total Pages : 193 pages
Book Rating : 4.01/5 ( download)

DOWNLOAD NOW!

Download or read book The Discourse on Customary International Law written by Jean d'Aspremont and published by Oxford University Press. This book was released on 2021-05-10 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 a new and original approach. It looks instead at the structure of thought that lies beneath the arguments about customary international law. By examining these structures, the book uncovers surprising conclusions, and demonstrates what the author describes as the 'discursive splendour' of customary international law. 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. This book provides an engaging account of customary international law, whilst challenging readers to rethink their understanding of this fundamental part of the discipline.

Author : Mark E. Villiger
Publisher :
ISBN 13 : 9783725536184
Total Pages : 346 pages
Book Rating : 4.8X/5 ( download)

DOWNLOAD NOW!

Download or read book Customary International Law and Treaties written by Mark E. Villiger and published by . This book was released on 1997 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Peter G. Staubach
Publisher : Routledge
ISBN 13 : 1351207296
Total Pages : 234 pages
Book Rating : 4.94/5 ( download)

DOWNLOAD NOW!

Download or read book The Rule of Unwritten International Law written by Peter G. Staubach and published by Routledge. This book was released on 2018-04-17 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book seeks to re-appreciate the concept of customary international law as a form of spontaneous societal self-organisation, and to develop the methodological consequences that ensue from this conception for the practice of its application. In pursuing this aim, the author draws from three different strands of scholarship that have not yet been considered in connection with one another: First, general jurisprudential theories of customary law; second, theories of customary international law, especially as they relate to international relations scholarship; and third, methodological approaches to the interpretation of international law. This expansive, philosophical layout of the book enables the author to put the conceptual enigmas of customary international law into a broader perspective. Among the issues discussed in the book are the dichotomy of its traditional and modern forms and the respective benefits and disadvantages of inductive and deductive approaches to its ascertainment. In the course of this analysis, the author draws insights from Friedrich August Hayek’s theory of law as a ‘spontaneous order’, an information-processing device which enables the participants of a legal system to make use of decentralised knowledge. The book argues that the major advantage of custom as a source of international law lies in the fact that it is the result of a gradual process of trial and error, rather than the product of deliberate planning. This makes it a particularly apposite source of law in a time of seismic shifts in the distribution of power within a vastly diverse community of States, when a new global order is expected to emerge, the contours of which are not yet clearly discernible. This book applies general concepts of legal philosophy to explain the continuing relevance of custom as a source of international law while at the same time inferring from this theoretical framework concrete practical and methodological consequences, the most important of which is the special role that purposive interpretation plays with respect to rules of international custom. Given this broad approach, the book will be of interest to several groups of potential readers including academics interested in the philosophy of customary law in general, academic international lawyers and legal practitioners, especially judges, scholars of international relations and all those interested in how the international community of States organises itself.

Author : Birgit Schlütter
Publisher : BRILL
ISBN 13 : 9047431154
Total Pages : 407 pages
Book Rating : 4.52/5 ( download)

DOWNLOAD NOW!

Download or read book Developments in Customary International Law written by Birgit Schlütter and published by BRILL. This book was released on 2010-05-17 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: Building on an empirical analysis of the jurisprudence of the International Court of Justice and the two ad hoc tribunals for ex-Yugoslavia and Rwanda, this book sheds new light on the development of custom as a source of international (criminal) law.

Author : Oscar Schachter
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 0792310241
Total Pages : 431 pages
Book Rating : 4.42/5 ( download)

DOWNLOAD NOW!

Download or read book International Law in Theory and Practice written by Oscar Schachter and published by Martinus Nijhoff Publishers. This book was released on 1991 with total page 431 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Mark E. Villiger
Publisher :
ISBN 13 :
Total Pages : 346 pages
Book Rating : 4.52/5 ( download)

DOWNLOAD NOW!

Download or read book Customary International Law and Treaties written by Mark E. Villiger and published by . This book was released on 1985 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Brian D. Lepard
Publisher : Cambridge University Press
ISBN 13 : 1108107931
Total Pages : pages
Book Rating : 4.38/5 ( download)

DOWNLOAD NOW!

Download or read book Reexamining Customary International Law written by Brian D. Lepard and published by Cambridge University Press. This book was released on 2017-02-16 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Martti Koskenniemi
Publisher : Routledge
ISBN 13 : 1351548174
Total Pages : 600 pages
Book Rating : 4.75/5 ( download)

DOWNLOAD NOW!

Download or read book Sources of International Law written by Martti Koskenniemi and published by Routledge. This book was released on 2017-07-05 with total page 600 pages. Available in PDF, EPUB and Kindle. Book excerpt: A collection of essays on the various aspects of the legal sources of international law, including theories of the origin of international law, explanation of its binding force, normative hierarchies and the relation of international law and politics.