Customary International Law in Times of Fundamental Change

Customary International Law in Times of Fundamental Change PDF Author: Michael P. Scharf
Publisher: Cambridge University Press
ISBN: 1107276764
Category : Law
Languages : en
Pages : 241

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Book Description
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.

Customary International Law in Times of Fundamental Change

Customary International Law in Times of Fundamental Change PDF Author: Michael P. Scharf
Publisher: Cambridge University Press
ISBN: 1107276764
Category : Law
Languages : en
Pages : 241

Get Book Here

Book Description
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.

Customary International Law in Times of Fundamental Change

Customary International Law in Times of Fundamental Change PDF Author: Michael P. Scharf
Publisher: Cambridge University Press
ISBN: 1107035236
Category : Law
Languages : en
Pages : 241

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Book Description
The first book to explore the concept of 'Grotian Moments', named for Hugo Grotius, who helped marshal in the modern system of international law.

Customary International Law in Times of Fundamental Change

Customary International Law in Times of Fundamental Change PDF Author: Michael P. Scharf
Publisher:
ISBN: 9781107272644
Category : Customary law, International
Languages : en
Pages :

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Book Description
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.

Custom's Future

Custom's Future PDF Author: Curtis A. Bradley
Publisher: Cambridge University Press
ISBN: 1316654125
Category : Law
Languages : en
Pages : 703

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Book Description
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.

Fundamentals of Public International Law

Fundamentals of Public International Law PDF Author: Giovanni Distefano
Publisher: BRILL
ISBN: 9004396691
Category : Law
Languages : en
Pages : 991

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Book Description
Fundamentals of Public International Law, by Giovanni Distefano, provides an overview of public international law’s main principles and fundamental institutions. By introducing the foundations of the legal reasoning underlying public international law, the extensive volume offers essential tools for any international lawyer, regardless of the specific field of specialization. Dealing expansively with subjects, sources and guarantees of international law, university students, scholars and practitioners alike will benefit from the book’s treatment of what has been called the “Institutes” of public international law.

The Sources of International Law

The Sources of International Law PDF Author: Hugh Thirlway
Publisher: Oxford University Press
ISBN: 0199685398
Category : Law
Languages : en
Pages : 262

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Book Description
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.

The International Rule of Law

The International Rule of Law PDF Author: Heike Krieger
Publisher:
ISBN: 0198843607
Category : Law
Languages : en
Pages : 401

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Book Description
Introduction -- Historical perspectives -- Actor-centred perspectives -- System- oriented perspectives -- Justice and legitimacy.

International Law as a Belief System

International Law as a Belief System PDF Author: Jean d'Aspremont
Publisher: Cambridge University Press
ISBN: 1108421873
Category : Law
Languages : en
Pages : 179

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Book Description
Offers a new perspective on international law and international legal argumentation: to what event is international law a belief system?

Customary International Humanitarian Law

Customary International Humanitarian Law PDF Author: Jean-Marie Henckaerts
Publisher: Cambridge University Press
ISBN: 0521808995
Category : Law
Languages : en
Pages : 610

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Book Description
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.

Sources of International Law

Sources of International Law PDF Author: Martti Koskenniemi
Publisher: Routledge
ISBN: 1351548166
Category : Law
Languages : en
Pages : 575

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Book Description
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.