Reexamining customary international law

✍ Scribed by Lepard, Brian D.

Publisher: Cambridge University Press
Year: 2017
Tongue: English
Leaves: 440
Series: ASIL studies in international legal theory.
Category: Library

No coin nor oath required. For personal study only.

✦ Synopsis

This book 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 Read more...

✦ Table of Contents

Foreword Michael Wood
1. Introduction: why does customary international law need reexamining? Brian D. Lepard
Part I. Reexamining Historical and Theoretical Perspectives on Customary International Law: 2. Customary international law in historical context: the exercise of power without general acceptance J. Patrick Kelly
3. Fake custom Fernando R. Teson
4. The role of consent and uncertainty in the formation of customary international law Niels Petersen
5. Customary law and general principles: rethinking their relationship Thomas Kleinlein
Part II. Reexamining Customary Humanitarian Law: 6. The ICRC and the clarification of customary international humanitarian law Jean-Marie Henckaerts and Els Debuf
7. From the 'demands of humanity': the formulation of opinio juris in decisions of international criminal tribunals and the need for a renewed emphasis on state practice Noora Arajarvi
Part III. Reexamining Customary Human Rights Law: 8. Towards a new theory of customary international human rights law Brian D. Lepard
9. Using customary international law to improve women's lives Anna Williams Shavers
Part IV. Reexamining Customary Air and Space Law: 10. Customary international law in aviation: a hundred years of travel through the competing norms of sovereignty and freedom of overflight Sofia Michaelides-Mateou
11. Customary international law and outer space Frans von der Dunk
Part V. Reexamining Customary International Law: 12. Concluding reflections: insights from reexamining customary international law Brian D. Lepard.

✦ Subjects

Droit coutumier international;Customary law, International

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