The Discourse On Customary International Law
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| Author | : Jean D'Aspremont |
| Publisher | : Oxford University Press |
| Total Pages | : 193 |
| Release | : 2021 |
| Genre | : Law |
| ISBN | : 0192843907 |
"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"--Page 4 de la couverture.
| Author | : Brian D. Lepard |
| Publisher | : Cambridge University Press |
| Total Pages | : 441 |
| Release | : 2010-01-11 |
| Genre | : Law |
| ISBN | : 052119136X |
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.
| Author | : Jean d'Aspremont |
| Publisher | : Cambridge University Press |
| Total Pages | : 179 |
| Release | : 2018 |
| Genre | : Law |
| ISBN | : 1108421873 |
Offers a new perspective on international law and international legal argumentation: to what event is international law a belief system?
| Author | : Jean d'Aspremont |
| Publisher | : Oxford University Press |
| Total Pages | : 193 |
| Release | : 2021-05-10 |
| Genre | : Law |
| ISBN | : 0192657704 |
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 | : Amanda Perreau-Saussine |
| Publisher | : Cambridge University Press |
| Total Pages | : 322 |
| Release | : 2007-05-17 |
| Genre | : Law |
| ISBN | : 1139463217 |
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.
| Author | : Jean d'Aspremont |
| Publisher | : Oxford University Press |
| Total Pages | : 285 |
| Release | : 2011-09-15 |
| Genre | : Law |
| ISBN | : 0199696314 |
This book revisits the theory of the sources of international law from the perspective of formalism. It critically analyzes the virtues of formalism, construed as a theory of law ascertainment, as a means of distinguishing between law and non-law. The theory of formalism is re-evaluated against the backdrop of the growing acceptance by international legal theorists of the blurring of the lines between law and non-law. At the same time, the book acknowledges that much international normative activity nowadays takes place outside the ambit of traditional international law and that only a limited part of the exercise of public authority at the international level results in the creation of international legal rules. The theory of ascertainment that the book puts forward attempts to dispel some of the illusions of formalism that accompany the delimitation of customary international law. It also sheds light on the tendency of scholars, theorists, and advocates to deformalize the identification of international legal rules with a view to expanding international law. The book seeks to revitalize and refresh the formal identification of rules by engaging with some tenets of the postmodern critique of formalism. As a result, the book not only grapples with the practice of law-making at the international level, but it also offers broad theoretical insights on international law, dealing with the main schools of thought in legal theory (positivism, naturalism, legal realism, policy-oriented jurisprudence, and postmodernism). The main theory of law ascertainment presented in this work remains however principally informed by a rejuvenated version of Herbert Hart's social thesis.
| Author | : Thomas Rauter |
| Publisher | : Springer |
| Total Pages | : 274 |
| Release | : 2017-09-05 |
| Genre | : Law |
| ISBN | : 3319644777 |
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?
| Author | : Giovanni Distefano |
| Publisher | : BRILL |
| Total Pages | : 991 |
| Release | : 2019-05-07 |
| Genre | : Law |
| ISBN | : 9004396691 |
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.
| Author | : Andrea Bianchi |
| Publisher | : Cambridge University Press |
| Total Pages | : 641 |
| Release | : 2013-11-07 |
| Genre | : Law |
| ISBN | : 1107470242 |
While its importance in domestic law has long been acknowledged, transparency has until now remained largely unexplored in international law. This study of transparency issues in key areas such as international economic law, environmental law, human rights law and humanitarian law brings together new and important insights on this pressing issue. Contributors explore the framing and content of transparency in their respective fields with regard to proceedings, institutions, law-making processes and legal culture, and a selection of cross-cutting essays completes the study by examining transparency in international law-making and adjudication.
| Author | : Alexander Orakhelashvili |
| Publisher | : Oxford Monographs in Internati |
| Total Pages | : 623 |
| Release | : 2008 |
| Genre | : Language Arts & Disciplines |
| ISBN | : 0199546223 |
This monograph examines international legal regulation, analyses how it interacts with non-legal factors, and seeks to understand and confront the alleged inherent ambiguity and indeterminacy.
