Developments in Customary International Law

Developments in Customary International Law PDF Author: Birgit Schlütter
Publisher: BRILL
ISBN: 9047431154
Category : Law
Languages : en
Pages : 407

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Book Description
Customary international law is the most important source of international criminal law. Fifty years after the Nuremberg trials, many convictions imposed by the tribunals for the former Yugoslavia and Rwanda are still based on customary international law alone. The International Criminal Court, by contrast, has not yet had much opportunity to give more guidance on this matter. Hence, it is worthwhile to provide an overview of the current status of custom by analysing the ad hoc tribunal’s case law on this point. Including a comprehensive synopsis of current literature and a contrast of the ad hoc tribunal’s case law with the jurisprudence of the International Court of Justice, this book offers an inclusive insight into the source’s past and future.

Developments in Customary International Law

Developments in Customary International Law PDF Author: Birgit Schlütter
Publisher: BRILL
ISBN: 9047431154
Category : Law
Languages : en
Pages : 407

Get Book Here

Book Description
Customary international law is the most important source of international criminal law. Fifty years after the Nuremberg trials, many convictions imposed by the tribunals for the former Yugoslavia and Rwanda are still based on customary international law alone. The International Criminal Court, by contrast, has not yet had much opportunity to give more guidance on this matter. Hence, it is worthwhile to provide an overview of the current status of custom by analysing the ad hoc tribunal’s case law on this point. Including a comprehensive synopsis of current literature and a contrast of the ad hoc tribunal’s case law with the jurisprudence of the International Court of Justice, this book offers an inclusive insight into the source’s past and future.

The Theory, Practice and Interpretation of Customary International Law

The Theory, Practice and Interpretation of Customary International Law PDF Author: Panos Merkouris
Publisher: Cambridge University Press
ISBN: 131651689X
Category : Law
Languages : en
Pages : 647

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Book Description
Provides an in-depth study of the theory, history, practice, and interpretation of customary international law.

Developments of International Law in Treaty Making

Developments of International Law in Treaty Making PDF Author: Rudiger Wolfrum
Publisher: Springer Science & Business Media
ISBN: 9783540252993
Category : Law
Languages : en
Pages : 656

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Book Description
The book explores the various means of making non-conventional/non-treaty law and the cross-cutting issues that they raise. Law-making by technical/informal expert bodies, Conferences of Parties, international organizations, the UN Security Council, regional organizations and arrangements and non-state actors is examined in turn. This forms the basis for the analysis of the complementarity of international treaty law, customary international law and non-traditional law-making, potential subject matters of non-treaty law-making, domestic consequences of non-treaty law-making, proliferation of actors, commissions and treaty bodies of the UN system, and International courts and tribunals.

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.

The European Union and Customary International Law

The European Union and Customary International Law PDF Author: Fernando Lusa Bordin
Publisher: Cambridge University Press
ISBN: 1108832970
Category : Law
Languages : en
Pages : 337

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Book Description
The book offers a systematic discussion of the facets of the relationship between the European Union and customary international law.

Customary International Law

Customary International Law PDF Author: Brian D. Lepard
Publisher: Cambridge University Press
ISBN: 052119136X
Category : Law
Languages : en
Pages : 441

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Book Description
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.

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.

International Law

International Law PDF Author: Vaughan Lowe
Publisher: OUP Oxford
ISBN: 0191027286
Category : Law
Languages : en
Pages : 328

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Book Description
International Law is both an introduction to the subject and a critical consideration of its central themes and debates. The opening chapters of the book explain how international law underpins the international political and economic system by establishing the basic principle of the independence of States, and their right to choose their own political, economic, and cultural systems. Subsequent chapters then focus on considerations that limit national freedom of choice (e.g. human rights, the interconnected global economy, the environment). Through the organizing concepts of territory, sovereignty, and jurisdiction the book shows how international law seeks to achieve an established set of principles according to which the power to make and enforce policies is distributed among States.

The Role of Customary Law in Sustainable Development

The Role of Customary Law in Sustainable Development PDF Author: Peter Orebech
Publisher: Cambridge University Press
ISBN: 0521859255
Category : Law
Languages : en
Pages : 440

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Book Description
For many nations, a key challenge is how to achieve sustainable development without a return to centralized planning. Using case studies from Greenland, Hawaii and northern Norway, this 2006 book examines whether 'bottom-up' systems such as customary law can play a critical role in achieving viable systems for managing natural resources. Customary law consists of underlying social norms that may become the acknowledged law of the land. The key to determining whether a custom constitutes customary law is whether the public acts as if the observance of the custom is legally obligated. While the use of customary law does not always produce sustainability, the study of customary methods of resource management can produce valuable insights into methods of managing resources in a sustainable way.

Furthering the Frontiers of International Law: Sovereignty, Human Rights, Sustainable Development

Furthering the Frontiers of International Law: Sovereignty, Human Rights, Sustainable Development PDF Author: Niels M. Blokker
Publisher: BRILL
ISBN: 9004459898
Category : Law
Languages : en
Pages : 494

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Book Description
This rich collection focuses on the broad research interests of Professor Nico Schrijver, in whose honour it was created. Written by a wide range of international scholars affiliated with Leiden University's Grotius Centre for International Legal Studies, the essays reflect Professor Schrijver's important contribution to academia and practice, particularly in the fields of sovereignty, human rights and sustainable development. The authors aim to reflect on changes in international law and on new developments in the diverse fields they explore. "Furthering frontiers" is the research theme of the Grotius Centre. Its exploration in this thought-provoking volume is a fitting homage to Nico Schrijver's achievements on the occasion of his retirement as Chair of Public International Law of Leiden University.