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 : 28. 30 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 : 68. 50 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.

Q A Revision Guide International Law 2013 And 2014

Author : Susan Breau
ISBN : 9780199661961
Genre : Law
File Size : 50. 52 MB
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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.

Prosecuting International Crimes In Africa

Author : Chacha Murungu
ISBN : 9780986985782
Genre : Criminal procedure (International law)
File Size : 49. 86 MB
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"Prosecuting international crimes in Africa contributes to the understanding of international criminal justice in Africa. The books argues for the rule of law, respect for human rights and the eradication of a culture of impunity in Africa. it is a product of peer-reviewed contributions from graduates of the Centre for Human Rights, Faculty of Law, University of Pretoria, where the Master's degree programme in Human Rights and Democratisation in Africa has been presented since 2000"--Back cover.

The Impact Of Human Rights Law On General International Law

Author : Menno T. Kamminga
ISBN : 0199565228
Genre : Law
File Size : 40. 37 MB
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There is a growing discrepancy between the output of human rights courts which protect the individual and traditional international institutions which protect the interests of states. This volume provides the first systematic analysis of the impact of international human rights courts on more traditional international institutions.

Humanity S Law

Author : Ruti Teitel
ISBN : 9780199911684
Genre : Political Science
File Size : 86. 80 MB
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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.

Realizing Utopia

Author : Antonio Cassese
ISBN : 9780199691661
Genre : Law
File Size : 44. 2 MB
Format : PDF
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Bringing together 47 essays by prominent international lawyers, this book reflects on major challenges facing international law and focuses on potential changes and improvements. Its aim is helping to construct a better architecture of world society. As international law's importance continues to grow, this book analyses where it is heading.

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