Customary International Law (ASIL Studies in International Legal Theory)

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  6. Free delivery worldwide. Description 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.

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    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. People who viewed this also viewed. Customary International Law Brian D.

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    Introduction: why does customary international law need reexamining? Lepard; Part I. Customary international law in historical context: the exercise of power without general acceptance J. Patrick Kelly; 3. Fake custom Fernando R. Teson; 4. The role of consent and uncertainty in the formation of customary international law Niels Petersen; 5.

    Reexamining Customary Humanitarian Law: 6. 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 Arajarvi; Part III. Reexamining Customary Human Rights Law: 8. Towards a new theory of customary international human rights law Brian D. Lepard; 9. Reexamining Customary Air and Space Law: Customary international law in aviation: a hundred years of travel through the competing norms of sovereignty and freedom of overflight Sofia Michaelides-Mateou; Customary international law and outer space Frans von der Dunk; Part V.

    Reexamining Customary International Law: Concluding reflections: insights from reexamining customary international law Brian D. Review quote 'The book edited by Brian D. Lepard is particularly rich and assembles a number of contributions of a very high quality In this book the author of the review found responses to questions he has been asking for a long time.

    This is a work that deserves to be reflected upon and that helps lead to a better understanding in this time of violence of the importance of international law and its sources. About Brian D. Lepard Brian D. Lepard is the Harold W. He has written numerous books and articles on international law, comparative law, human rights, and tax law, including Customary International Law: A New Theory with Practical Applications Cambridge, Learn about new offers and get more deals by joining our newsletter. You are here Home.

    By Brian D. Add to Cart Add to Wish List. Description 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.