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

Although customary international law (CIL) has been central to international law from its inception, it is often misunderstood. This edited volume remedies that problem by tracing the history of CIL and provides an in-depth study of its theory, practice, and interpretation. Its chapters tackle the big questions which surround this source of international law such as: what are the rules that regulate the functioning of CIL as a source of international law? Can CIL be interpreted? Where do lines between identification, interpretation, application, and modification of a rule of CIL lie? Using recent developments, this volume revisits old debates and resolves them by proffering new and innovative solutions. With detailed examples from international and national courts, it places CIL in a range of settings to explain, explore and reflect upon this developing and highly significant field. This title is also available as Open Access on Cambridge Core

This is the first book to explore the concept of 'Grotian Moments'. Named for Hugo Grotius, whose masterpiece De jure belli ac pacis helped marshal in the modern system of international law, Grotian Moments are transformative developments that generate the unique conditions for accelerated formation of customary international law. In periods of fundamental change, whether by technological advances, the commission of new forms of crimes against humanity, or the development of new means of warfare or terrorism, customary international law may form much more rapidly and with less state practice than is normally the case to keep up with the pace of developments. The book examines the historic underpinnings of the Grotian Moment concept, provides a theoretical framework for testing its existence and application, and analyzes six case studies of potential Grotian Moments: Nuremberg, the continental shelf, space law, the Yugoslavia Tribunal's Tadic decision, the 1999 NATO intervention in Serbia and the 9/11 terrorist attacks

"Customary International Law" published on by Oxford University Press.

This book sets out to explain the most foundational aspect of international law in international relations terms. By doing so it goes straight to the central problem of international law - that although legally speaking all states are equal, socially speaking they clearly are not. An ambitious and controversial book

In The Rome Statute as Evidence of Customary International Law , Yudan Tan offers a detailed analysis of topical issues concerning the Rome Statute of the International Criminal Court as evidence of customary international law. The 1998 Rome Statute has generated a great deal of scholarly interest. Providing a novel way of analysing the treaty-custom interactions, Yudan Tan examines the customary status of essential parts of the Rome Statute. Based on a flexible two-element identification approach, focusing more on opinio juris , Yudan Tan convincingly argues that provisions of the Rome Statute were partly declaratory of custom when adopted in 1998, and that they are also partly declaratory of custom at the present time

The author is a Don at the School of Law, University of Nairobi Kenya and a development consultant with various NGOs and other international bodies in Eastern Africa region and Italy. He is a researcher and writer of articles and texts on matters concerning law and culture. Dr. Onyango is an expert in modern legal science with wide knowledge of law ranging from comparative legal system, international public law, ethics, philosophy, theology, sociology, mass media and social realities today. He is currently teaching Social Foundations of Law, Customary Law, International Public Law and International Relations at the University of Nairobi and he is a part-time lecturer at St. Paul�s University. Among his publication are Cultural Gap and Economic Crisis in Africa and, Dholuo Grammar for Beginners.