Author: Birgit Schlütter
Publisher: BRILL
ISBN: 9047431154
Category : Law
Languages : en
Pages : 407
Book Description
Customary international law is the most important source of international criminal law. Fifty years after the Nuremberg trials, many convictions imposed by the tribunals for the former Yugoslavia and Rwanda are still based on customary international law alone. The International Criminal Court, by contrast, has not yet had much opportunity to give more guidance on this matter. Hence, it is worthwhile to provide an overview of the current status of custom by analysing the ad hoc tribunal’s case law on this point. Including a comprehensive synopsis of current literature and a contrast of the ad hoc tribunal’s case law with the jurisprudence of the International Court of Justice, this book offers an inclusive insight into the source’s past and future.
Developments in Customary International Law
Author: Birgit Schlütter
Publisher: BRILL
ISBN: 9047431154
Category : Law
Languages : en
Pages : 407
Book Description
Customary international law is the most important source of international criminal law. Fifty years after the Nuremberg trials, many convictions imposed by the tribunals for the former Yugoslavia and Rwanda are still based on customary international law alone. The International Criminal Court, by contrast, has not yet had much opportunity to give more guidance on this matter. Hence, it is worthwhile to provide an overview of the current status of custom by analysing the ad hoc tribunal’s case law on this point. Including a comprehensive synopsis of current literature and a contrast of the ad hoc tribunal’s case law with the jurisprudence of the International Court of Justice, this book offers an inclusive insight into the source’s past and future.
Publisher: BRILL
ISBN: 9047431154
Category : Law
Languages : en
Pages : 407
Book Description
Customary international law is the most important source of international criminal law. Fifty years after the Nuremberg trials, many convictions imposed by the tribunals for the former Yugoslavia and Rwanda are still based on customary international law alone. The International Criminal Court, by contrast, has not yet had much opportunity to give more guidance on this matter. Hence, it is worthwhile to provide an overview of the current status of custom by analysing the ad hoc tribunal’s case law on this point. Including a comprehensive synopsis of current literature and a contrast of the ad hoc tribunal’s case law with the jurisprudence of the International Court of Justice, this book offers an inclusive insight into the source’s past and future.
The Theory, Practice and Interpretation of Customary International Law
Author: Panos Merkouris
Publisher: Cambridge University Press
ISBN: 131651689X
Category : Law
Languages : en
Pages : 647
Book Description
Provides an in-depth study of the theory, history, practice, and interpretation of customary international law.
Publisher: Cambridge University Press
ISBN: 131651689X
Category : Law
Languages : en
Pages : 647
Book Description
Provides an in-depth study of the theory, history, practice, and interpretation of customary international law.
Customary International Law and Treaties
Author: Mark Eugen Villiger
Publisher: Martinus Nijhoff Publishers
ISBN: 9041104585
Category : Law
Languages : en
Pages : 374
Book Description
States often regard themselves bound by treaty rules which have developed under customary international law, even though many of the treaties themselves have not been ratified. The Law of the Sea Convention, for instance, has generated new customary rules which modified the 1958 Geneva Conventions. These & many other issues are dealt with clearly & systematically in this informative handbook on the relations between written & unwritten international law. The conclusions of the first edition of Customary International Law & Treaties were largely confirmed by the International Court of Justice in the Nicaragua Case. This fully revised second edition, while basing itself on the original version, brings the subject up to date.
Publisher: Martinus Nijhoff Publishers
ISBN: 9041104585
Category : Law
Languages : en
Pages : 374
Book Description
States often regard themselves bound by treaty rules which have developed under customary international law, even though many of the treaties themselves have not been ratified. The Law of the Sea Convention, for instance, has generated new customary rules which modified the 1958 Geneva Conventions. These & many other issues are dealt with clearly & systematically in this informative handbook on the relations between written & unwritten international law. The conclusions of the first edition of Customary International Law & Treaties were largely confirmed by the International Court of Justice in the Nicaragua Case. This fully revised second edition, while basing itself on the original version, brings the subject up to date.
The Identification and Development of Customary International Law
Author: James Richard Crawford
Publisher:
ISBN:
Category :
Languages : en
Pages : 15
Book Description
Publisher:
ISBN:
Category :
Languages : en
Pages : 15
Book Description
Customary International Law in Times of Fundamental Change
Author: Michael P. Scharf
Publisher: Cambridge University Press
ISBN: 1107276764
Category : Law
Languages : en
Pages : 241
Book Description
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.
Publisher: Cambridge University Press
ISBN: 1107276764
Category : Law
Languages : en
Pages : 241
Book Description
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.
Developments of International Law in Treaty Making
Author: Rudiger Wolfrum
Publisher: Springer Science & Business Media
ISBN: 9783540252993
Category : Law
Languages : en
Pages : 656
Book Description
The book explores the various means of making non-conventional/non-treaty law and the cross-cutting issues that they raise. Law-making by technical/informal expert bodies, Conferences of Parties, international organizations, the UN Security Council, regional organizations and arrangements and non-state actors is examined in turn. This forms the basis for the analysis of the complementarity of international treaty law, customary international law and non-traditional law-making, potential subject matters of non-treaty law-making, domestic consequences of non-treaty law-making, proliferation of actors, commissions and treaty bodies of the UN system, and International courts and tribunals.
Publisher: Springer Science & Business Media
ISBN: 9783540252993
Category : Law
Languages : en
Pages : 656
Book Description
The book explores the various means of making non-conventional/non-treaty law and the cross-cutting issues that they raise. Law-making by technical/informal expert bodies, Conferences of Parties, international organizations, the UN Security Council, regional organizations and arrangements and non-state actors is examined in turn. This forms the basis for the analysis of the complementarity of international treaty law, customary international law and non-traditional law-making, potential subject matters of non-treaty law-making, domestic consequences of non-treaty law-making, proliferation of actors, commissions and treaty bodies of the UN system, and International courts and tribunals.
Customary International Law
Author: Brian D. Lepard
Publisher: Cambridge University Press
ISBN: 052119136X
Category : Law
Languages : en
Pages : 441
Book Description
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.
Publisher: Cambridge University Press
ISBN: 052119136X
Category : Law
Languages : en
Pages : 441
Book Description
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.
The European Union and Customary International Law
Author: Fernando Lusa Bordin
Publisher: Cambridge University Press
ISBN: 1108832970
Category : Law
Languages : en
Pages : 337
Book Description
The book offers a systematic discussion of the facets of the relationship between the European Union and customary international law.
Publisher: Cambridge University Press
ISBN: 1108832970
Category : Law
Languages : en
Pages : 337
Book Description
The book offers a systematic discussion of the facets of the relationship between the European Union and customary international law.
Customary International Law and Treaties
Author: Mark Eugen Villiger
Publisher: BRILL
ISBN: 9789024729807
Category : Law
Languages : en
Pages : 482
Book Description
"A study of their interactions and interrelations, with special consideration of the 1969 Vienna Convention on the Law of Treaties."--T.p.
Publisher: BRILL
ISBN: 9789024729807
Category : Law
Languages : en
Pages : 482
Book Description
"A study of their interactions and interrelations, with special consideration of the 1969 Vienna Convention on the Law of Treaties."--T.p.
The Role of Customary Law in Sustainable Development
Author: Peter Orebech
Publisher: Cambridge University Press
ISBN: 0521859255
Category : Law
Languages : en
Pages : 440
Book Description
For many nations, a key challenge is how to achieve sustainable development without a return to centralized planning. Using case studies from Greenland, Hawaii and northern Norway, this 2006 book examines whether 'bottom-up' systems such as customary law can play a critical role in achieving viable systems for managing natural resources. Customary law consists of underlying social norms that may become the acknowledged law of the land. The key to determining whether a custom constitutes customary law is whether the public acts as if the observance of the custom is legally obligated. While the use of customary law does not always produce sustainability, the study of customary methods of resource management can produce valuable insights into methods of managing resources in a sustainable way.
Publisher: Cambridge University Press
ISBN: 0521859255
Category : Law
Languages : en
Pages : 440
Book Description
For many nations, a key challenge is how to achieve sustainable development without a return to centralized planning. Using case studies from Greenland, Hawaii and northern Norway, this 2006 book examines whether 'bottom-up' systems such as customary law can play a critical role in achieving viable systems for managing natural resources. Customary law consists of underlying social norms that may become the acknowledged law of the land. The key to determining whether a custom constitutes customary law is whether the public acts as if the observance of the custom is legally obligated. While the use of customary law does not always produce sustainability, the study of customary methods of resource management can produce valuable insights into methods of managing resources in a sustainable way.