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Identification of Customary International Law

Identification of Customary International Law

Author: Omri Sender; Michael Wood
Publisher: Oxford University Press
ISBN: 9780198848226
Published In: November 2024
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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Customary international law remains a central source of international law and the core of the international legal system. It continues to draw the attention of lawyers, especially at a time marked by the great expansion of international law and its increasing application in domestic and international courts. Determining whether an applicable rule of customary international law exists is therefore of great practical concern - but this important legal task is not always simple or straightforward.

This book serves as guidance to those seeking to determine the existence of rules of customary international law and their content. It elaborates on the methodology for the identification of rules of customary international law and examines a host of questions concerning the process and evidence at issue. It does so by complementing the authoritative work of the UN International Law Commission on this topic, and by drawing upon a wealth of additional practice and writings.

Identification of Customary International Law provides an overview of the Commission's work and expands on it by addressing the nature and history of custom as a source of international law, inquiring into each of the two constituent elements of customary international law (namely, a general practice and opinio juris), explaining the value and limits of certain forms of evidence, and throwing further light on such issues as the persistent objector rule and particular customary international law. Practitioners and scholars alike will find this detailed treatment useful in seeking to determine the existence and content of any customary rule and in ensuring that arguments about customary international law are persuasive.

1:Introduction

2:Custom as a Source of International Law

3:The International Law Commission's work on Identification of Customary International Law

4:The Two-Element Approach

5:Assessment of Evidence for the Two Constituent Elements

6:A General Practice: Whose Practice, What Practice

7:A General Practice: Assessing Generality

8:Acceptance as Law (Opinio Juris)

9:The Significance of Treaties for the Identification of Customary International Law

10:Resolutions of International Organizations and Intergovernmental Conferences as Evidence of Customary International Law

11:Judicial Decisions and the Teachings of Publicists as Subsidiary Means for the Determination of Rules of Customary International Law

12:The Persistent Objector Rule