the changing nature of customary international law methods of interpreting the concept of custom in international criminal

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The Changing Nature Of Customary International Law

Author : Noora Arajärvi
ISBN : 9781134067275
Genre : Law
File Size : 27. 97 MB
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This book examines the evolution of customary international law (CIL) as a source of international law. Using the International Criminal Tribunal for the former Yugoslavia (ICTY) as a key case study, the book explores the importance of CIL in the development of international criminal law and focuses on the ways in which international criminal tribunals can be said to change the ways in which CIL is formed and identified. In doing so, the book surveys the process and substance of CIL, as well as the problematic distinction between the elements of state practice and opinio juris. By applying an inclusive positivist approach, Noora Arajärvi analyses the methodologies of identification of CIL in selected cases of the ICTY, and their normative foundations. Through examination of the case-law and the reasoning of courts and tribunals, Arajärvi demonstrates to what extent the court's chosen method of identification of CIL affects the process of custom formation and the resulting system of norms in general. The book will be of great value to researchers and scholars of international law, international relations, and practitioners with interests in customary international law.

The Nature Of Customary Law

Author : Amanda Perreau-Saussine
ISBN : 9781139463218
Genre : Law
File Size : 88. 98 MB
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Some legal rules are not laid down by a legislator but grow instead from informal social practices. In contract law, for example, the customs of merchants are used by courts to interpret the provisions of business contracts; in tort law, customs of best practice are used by courts to define professional responsibility. Nowhere are customary rules of law more prominent than in international law. The customs defining the obligations of each State to other States and, to some extent, to its own citizens, are often treated as legally binding. However, unlike natural law and positive law, customary law has received very little scholarly analysis. To remedy this neglect, a distinguished group of philosophers, historians and lawyers has been assembled to assess the nature and significance of customary law. The book offers fresh insights on this neglected and misunderstood form of law.

The Law Of Nations

Author : Emer de Vattel
ISBN : HARVARD:32044024189201
Genre : War (International law)
File Size : 39. 77 MB
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The Law Of Non International Armed Conflict

Author : Sandesh Sivakumaran
ISBN : 9780199239795
Genre : Law
File Size : 87. 38 MB
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Non-international armed conflicts now far outnumber international ones, but the protection afforded by international law to combatants and civilian is not always clear. This book will set out the legal rules and state practice applicable to internal armed conflicts, drawing on armed conflicts from the US civil war to present day.

The International Law Of Occupation

Author : Eyal Benvenisti
ISBN : 9780199588893
Genre : History
File Size : 61. 66 MB
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Originally published: Princeton, N.J.: Princeton University Press, 1993.

Developments In Customary International Law

Author : Birgit Schlütter
ISBN : 9789004177727
Genre : Law
File Size : 80. 19 MB
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Building on an empirical analysis of the jurisprudence of the International Court of Justice and the two "ad hoc" tribunals for ex-Yugoslavia and Rwanda, this book sheds new light on the development of custom as a source of international (criminal) law.

Akehurst S Modern Introduction To International Law

Author : Peter Malanczuk
ISBN : 0415165539
Genre : Law
File Size : 67. 36 MB
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First published in 1970, A Modern Introduction to International Law rapidly established itself as the most widely used and successful textbook in its field. It covers a variety of topics from diplomatic immunity to the UN and from recognition of government to war crimes. This new edition has been completely revised and updated by Peter Malanczuk to take account of many recent developments and includes new chapters on human rights, the environment and the economy.

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