customary international law asil studies in international legal theory

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Customary International Law

Author : Brian D. Lepard
ISBN : 9781139484169
Genre : Law
File Size : 70. 43 MB
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Customary international law, although long recognized as a primary source of international law, remains replete with enigmas, both conceptual and practical. These include how to determine the existence of opinio juris, the function of the state practice requirement, the definition of jus cogens customary norms, and the relationship between customary international law and ethics. In part because of these enigmas, the subject has generated a wide-ranging literature. However, no recent book-length work has attempted to articulate a comprehensive theory of customary international law that can effectively resolve these questions. This book sets out to accomplish this goal. Its approach is unique in a number of ways. For example, it is multidisciplinary and draws insights from fields such as legal theory, philosophy, political science, and game theory. In addition, it is anchored in a sophisticated ethical framework and explores at length the interconnections between customary international law and ethics.

Reexamining Customary International Law

Author : Brian D. Lepard
ISBN : 9781108107938
Genre : Law
File Size : 78. 64 MB
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Reexamining Customary International Law takes on the complex issues and controversies surrounding the history, theory, and practice of customary international law as it reexamines customary law's increasingly important role in world affairs. It incorporates the expertise of distinguished authors to probe many difficult issues that remain unresolved concerning the doctrine of customary law. At the same time, this book engages in a profound exploration of the practical role of customary international law in a variety of important fields, including humanitarian law, human rights law, and air and space law.

The Future Of International Law

Author : Joel P. Trachtman
ISBN : 9781107035898
Genre : Law
File Size : 31. 52 MB
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Draws together the theoretical and practical aspects of international cooperation needs and legal responses in critical areas of international concern.

Morality Jus Post Bellum And International Law

Author : Larry May
ISBN : 9781107024021
Genre : Law
File Size : 67. 54 MB
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Leading legal, political and moral theorists discuss the normative issues that arise when war concludes and when a society strives to regain peace.

Parochialism Cosmopolitanism And The Foundations Of International Law

Author : M. N. S. Sellers
ISBN : 9780521518024
Genre : Law
File Size : 50. 44 MB
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This book examines the boundary between parochial and cosmopolitan justice. To what extent should international law recognize or support the political, historical, cultural, and economic differences among nations? Ten lawyers and philosophers from five continents consider whether certain states or persons deserve special treatment, exemptions, or heightened duties under international law. This volume draws the line between international law, national jurisdiction, and the private autonomy of persons.

A Theory Of Customary International Law

Author : Jack L. Goldsmith
ISBN : STANFORD:36105061978768
Genre : Law
File Size : 59. 55 MB
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Negotiating State And Non State Law

Author : Michael A. Helfand
ISBN : 9781107083769
Genre : Law
File Size : 64. 91 MB
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Non-state law is playing an increasing role in both public and private ordering. Numerous organizations have emerged alongside the nation-state, each purporting to provide their members with rules and norms to govern their conduct and organize their affairs. The nation-state increasingly finds itself sandwiched, between two broad and contrasting categories of non-state law. The first - law above the state - captures legal systems that function across the territorial borders of nation-states. The second category - law below the state - includes forms of local customary, religious, and indigenous law. As these forms of non-state law persist and proliferate alongside the nation-state, the relationship between state and non-state law becomes more complex, multifaceted, and tense. This volume addresses this relationship considering whether and to what extent state and non-state law can coexist and how each form of law seeks to influence as well as transform the other.

The Work Of The International Law Commission

Author : United Nations
ISBN : 9216330341
Genre : Political Science
File Size : 29. 94 MB
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State Contracts

Author : United Nations
ISBN : 9216110066
Genre :
File Size : 75. 51 MB
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Journal Of Legal Studies

Author :
ISBN : UCR:31210013204936
Genre : Law
File Size : 84. 5 MB
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