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

Download Book The Changing Nature Of Customary International Law Methods Of Interpreting The Concept Of Custom In International Criminal in PDF format. You can Read Online The Changing Nature Of Customary International Law Methods Of Interpreting The Concept Of Custom In International Criminal here in PDF, EPUB, Mobi or Docx formats.

The Changing Nature Of Customary International Law

Author : Noora Arajärvi
ISBN : 9781134067275
Genre : Law
File Size : 87. 66 MB
Format : PDF, ePub
Download : 322
Read : 417

Download Now Read Online


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 : 31. 63 MB
Format : PDF, ePub
Download : 429
Read : 155

Download Now Read Online


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 : 42. 62 MB
Format : PDF, Docs
Download : 850
Read : 1204

Download Now Read Online



Q A Revision Guide International Law 2013 And 2014

Author : Susan Breau
ISBN : 9780199661961
Genre : Law
File Size : 74. 80 MB
Format : PDF, ePub, Mobi
Download : 134
Read : 1144

Download Now Read Online


Q&A International Law offers a lifeline to students revising for exams. It provides clear guidance from an experienced examiner on how best to tackle exam questions, and gives students the opportunity to practise their exam technique and assess their progress.

The International Minimum Standard And Fair And Equitable Treatment

Author : Martins Paparinskis
ISBN : 9780191640247
Genre : Law
File Size : 36. 59 MB
Format : PDF, ePub, Mobi
Download : 555
Read : 301

Download Now Read Online


Investment protection treaties generally provide for the obligation to treat investments fairly and equitably, even if the wording of the rule and its relationship with the customary international standard may differ. The open-textured nature of the rule, the ambiguous relationship between the vague treaty and equally vague customary rules, and States' interpretations of the content and relationship of both rules (not to mention the frequency of successful invocation by investors) make this issue one of the most controversial aspect of investment protection law. This monograph engages in a comprehensive analysis of the relationship between the international minimum standard and fair and equitable treatment. It provides an original argument about the historical development of the international standard, a normative rationale for reading it into the treaty rules of fair and equitable treatment, and a coherent methodology for establishing the content of this standard. The first part of this book untangles the history of both the international minimum standard and fair and equitable treatment. The second part addresses the normative framework within which the contemporary debate takes place. After an exhaustive review of all relevant sources, it is argued that the most persuasive reading of fair and equitable treatment is that it always makes a reference to customary law. The third part of the book builds on the historical analysis and the normative framework, explaining the content of the contemporary standard by careful comparative human rights analysis.

Akehurst S Modern Introduction To International Law

Author : Peter Malanczuk
ISBN : 0415243564
Genre : Law
File Size : 49. 15 MB
Format : PDF
Download : 597
Read : 890

Download Now Read Online


This new edition continues to provide comprehensive and authoritative coverage of all the key topics in international law, from diplomatic immunity to the United Nations.

Humanity S Law

Author : Ruti Teitel
ISBN : 9780199911684
Genre : Political Science
File Size : 36. 39 MB
Format : PDF, ePub
Download : 271
Read : 1204

Download Now Read Online


In Humanity's Law, renowned legal scholar Ruti Teitel offers a powerful account of one of the central transformations of the post-Cold War era: the profound normative shift in the international legal order from prioritizing state security to protecting human security. As she demonstrates, courts, tribunals, and other international bodies now rely on a humanity-based framework to assess the rights and wrongs of conflict; to determine whether and how to intervene; and to impose accountability and responsibility. Cumulatively, the norms represent a new law of humanity that spans the law of war, international human rights, and international criminal justice. Teitel explains how this framework is reshaping the discourse of international politics with a new approach to the management of violent conflict. Teitel maintains that this framework is most evidently at work in the jurisprudence of the tribunals-international, regional, and domestic-that are charged with deciding disputes that often span issues of internal and international conflict and security. The book demonstrates how the humanity law framework connects the mandates and rulings of diverse tribunals and institutions, addressing the fragmentation of global legal order. Comprehensive in approach, Humanity's Law considers legal and political developments related to violent conflict in Europe, North America, South America, and Africa. This interdisciplinary work is essential reading for anyone attempting to grasp the momentous changes occurring in global affairs as the management of conflict is increasingly driven by the claims and interests of persons and peoples, and state sovereignty itself is transformed.

Top Download:

New Books