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International law
In: A political science series
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Article(electronic)#55July 2015
Comparative International Law Within, Not Against, International Law: Lessons from the International Law Commission
In: American journal of international law: AJIL, Volume 109, Issue 3, p. 498-513
ISSN: 2161-7953
Public international law and comparative law have so far been regarded as largely distinct fields, with little to no overlap between them. The degree of separation between the two disciplines is rendered in particularly stark relief by the absence in practice or scholarship of any real inquiry into the relationship between comparative law on the one hand and customary international law and general principles of international law on the other. Some eminent international lawyers go so far as to claim that it would be both unnecessary and unrealistic to have recourse to comparative law in the context of the identification of customary international law and general principles of law, pointing to the case law of the Permanent Court of International Justice and the International Court of Justice, which, according to them, "show[s] a clear disinclination towards the use of the comparative method."
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Article(electronic)#562016
International Law
In: Chapter from Michael B. Gerrard and Tracy Hester, eds., Climate Engineering and the Law: Regulation and Liability for Solar Radiation Management and Carbon Dioxide Removal (Cambridge University Press Forthcoming)
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Article(electronic)#602020
Nature of International Law: Is International Law a Law?
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