Suchergebnisse

Introduction : why does customary International law need reexamining? / Brian D. Lepard -- Customary International law in historical context : the exercise of power without general acceptance / J. Patrick Kelly -- Fake custom / Fernando R. Teśon -- The role of consent and uncertainty in the formation of customary International law / Niels Petersen -- Customary International law and general principles : rethinking their relationahip / Thomas Kleinlein -- The ICRC and the clarification of customary International humanitarian law / Jean-Marie Henckaerts and Els Debuf -- 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 Arajärvi -- Toward a new theory of customary International human rights law / Brian D. Lepard -- Using customary International law to improve women's lives / Anna Williams Shavers - Customary International law in aviation : a hundred years of travel throught the competing norms of sovereignty and freedom of overflight / Sofia Michaelides-Mateou -- Customary International law and outer space / Frans G. von der Dunk -- Concluding reflections / Brian D. Lepard

"Constitutive Theory in International Relations" published on by Oxford University Press.

There is a common perception of reciprocity as a concept that is opposed to the communitarian interests that characterise contemporary international law, or merely a way of denoting reactions to unfriendly or wrongful conduct. This book disputes this approach, and highlights how reciprocity is instead linked to the structural characteristic of sovereign equality of States in international law. This book carries out an in-depth analysis of the concept of reciprocity and the elements that characterise it, before examining the various roles and articulations of reciprocity in a number of fields of public international law: the law of treaties, the treatment of individuals, the execution of international law, and the jurisdiction of international courts and tribunals. In all these areas, it analyses both more traditional and more contemporary examples, to demonstrate how reciprocity is closely linked to the very structure of public international law.