Customary International Law

This book sets out to articulate a comprehensive theory of customary international law that can effectively resolve the conceptual and practical enigmas surrounding it.

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Author: Brian D. Lepard

Publisher: Cambridge University Press

ISBN: 9780521191364

Category: Law

Page: 419

View: 734

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.

Reexamining Customary International 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.

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Author: Brian D. Lepard

Publisher: Cambridge University Press

ISBN: 9781108107938

Category: Law

Page:

View: 103

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.

The Nature of International Law

The Nature of International Law provides a comprehensive analytical account of international law within the prototype theory of concepts.

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Author: Miodrag A. Jovanović

Publisher: Cambridge University Press

ISBN: 9781108473330

Category: Law

Page: 220

View: 234

The Nature of International Law provides a comprehensive analytical account of international law within the prototype theory of concepts.

Parochialism Cosmopolitanism and the Foundations of International Law

This book examines the boundary between parochial and cosmopolitan justice. To what extent should international law recognize or support the political, historical, cultural, and economic differences among nations?

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Author: M. N. S. Sellers

Publisher: Cambridge University Press

ISBN: 9780521518024

Category: Law

Page: 288

View: 761

This book examines the boundary between parochial and cosmopolitan justice. To what extent should international law recognize or support the political, historical, cultural, and economic differences among nations? Ten lawyers and philosophers from five continents consider whether certain states or persons deserve special treatment, exemptions, or heightened duties under international law. This volume draws the line between international law, national jurisdiction, and the private autonomy of persons.

Customary International Law

ASIL Studies in International Legal Theory Series Editors: Mortimer N.S. Seller, University ofBaltirnore Elizabeth Andersen, American Society of International Law The purpose ofthe ASIL Studies in International Legal Theory is to ...

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Author: Brian D. Lepard

Publisher: Cambridge University Press

ISBN: 9781139484169

Category: Law

Page:

View: 291

Customary international law, although long recognized as a primary source of international law, remains replete with enigmas, both conceptual and practical. These include how to determine the existence of opinio juris, the function of the state practice requirement, the definition of jus cogens customary norms, and the relationship between customary international law and ethics. In part because of these enigmas, the subject has generated a wide-ranging literature. However, no recent book-length work has attempted to articulate a comprehensive theory of customary international law that can effectively resolve these questions. This book sets out to accomplish this goal. Its approach is unique in a number of ways. For example, it is multidisciplinary and draws insights from fields such as legal theory, philosophy, political science, and game theory. In addition, it is anchored in a sophisticated ethical framework and explores at length the interconnections between customary international law and ethics.

The Sources of International Law

Reexamining Customary International Law, ASIL Studies in International Legal Theory, (Cambridge University Press, 2017), 233–65. 42 See n. 41, p. 249. 43 See n. 41, pp. 249–50. 44 See n. 41, pp. 255–6. 45 See Chapter III.

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Author: Hugh Thirlway

Publisher: Oxford University Press

ISBN: 9780192578921

Category: Law

Page: 272

View: 253

This new edition of Hugh Thirlway's authoritative text provides an introduction to one of the fundamental questions of the discipline: what is, and what is not, a source of international law. Traditionally, treaties between states and state practice were seen as the primary means with which to create international law. However, more recent developments have recognized customary international law, alongside international treaties and instruments, as a key foundation upon which international law is built. This book provides an insightful inquiry into all the recognized, or asserted, sources of international law. It investigates the impact of ethical principles on the creation of international law; whether 'soft law' norms come into being through the same sources as binding international law; and whether jus cogens norms, and those involving rights and obligations erga omnes have a unique place in the creation of international legal norms. It studies the notion of 'general principles of international law' within international law's sub-disciplines, and the evolving relationship between treaty-based law and customary international law. Re-examining the traditional model, it investigates the increasing role of international jurisprudence, and looks at the nature of international organisations and non-state actors as potential new sources of international law. This revised and updated book provides a perfect introduction to the law of sources, as well as innovative perspectives on new developments, making it essential reading for anyone studying or working in international law.

Normative Pluralism and International Law

ASIL Studies in International Legal Theory Series Editors Elizabeth Andersen (ASIL) Mortimer Sellers (University of ... Law and Philosophy edited by Larry May and Zachary Hoskins (2010) Customary International Law: A New Theory with ...

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Author: Jan Klabbers

Publisher: Cambridge University Press

ISBN: 9781107036222

Category: Law

Page: 358

View: 952

This book addresses conflicts involving how law relates normative orders. The assumption behind the book is that law no longer automatically claims supremacy, but that actors can pick and choose which code to follow. The book covers conflicts between legal orders and conflicts involving law and honor, self-regulation, lex mercatoria, local social practices, bureaucracy, religion, professional standards, and morality.

The Future of International Law

ASIL Studies in International Legal Theory Series Editors Elizabeth Andersen (ASIL) Mortimer Sellers (University of ... Law and Philosophy edited by Larry May and Zachary Hoskins (2010) Customary International Law: A New Theory with ...

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Author: Joel P. Trachtman

Publisher: Cambridge University Press

ISBN: 9781107035898

Category: Law

Page: 302

View: 703

Draws together the theoretical and practical aspects of international cooperation needs and legal responses in critical areas of international concern.

Morality Jus Post Bellum and International Law

ASIL Studies in International Legal Theory Series Editors Elizabeth Andersen (ASIL) Mortimer Sellers (University of ... Customary International Law: A New Theory with PracticalApplications by Brian D. Lepard (2010) The New Global Law by ...

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Author: Larry May

Publisher: Cambridge University Press

ISBN: 9781107380059

Category: Law

Page:

View: 188

This collection of essays brings together some of the leading legal, political and moral theorists to discuss the normative issues that arise when war concludes and when a society strives to regain peace. In the transition from war, mass atrocity or a repressive regime, how should we regard the idea of democracy and human rights? Should regimes be toppled unless they are democratic or is it sufficient that these regimes are less repressive than before? Are there moral reasons for thinking that soldiers should be relieved of responsibility so as to advance the goal of peace building? And how should we regard the often conflicting goals of telling the truth about what occurred in the past and allowing individuals to have their day in court? These questions and more are analyzed in detail. It also explores whether jus post bellum itself should be a distinct field of inquiry.

The Role of Ethics in International Law

ASIL Studies in International Legal Theory General Editors Mortimer N. S. Sellers, University ofMaryland Elizabeth Andersen, American Society ofInternational Law The purpose of the ASIL Studies in International Legal Theory will be to ...

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Author: Donald Earl Childress, III

Publisher: Cambridge University Press

ISBN: 9781139503679

Category: Law

Page:

View: 958

The purpose of this book is to explore what role ethical discourse plays in public and private international law. The book seeks (1) to delineate the role of ethical investigation in creating, sustaining, challenging and changing international law and (2) to open up a conversation between two related disciplines - public and private international law - that frequently labor in different vineyards. By examining the role of ethical discourse in international law's public and private dimensions, this volume will hopefully open new avenues for cross-disciplinary exchange in these important fields and related disciplines. The chapters in this book show that there is a way to engage the ethical dimension of international law without seeking to use ethics as raw politics and the will to power.