Reexamining Customary International Law

International Law

Reexamining Customary International Law

By Brian D. Lepard
Cambridge University Press January 2017

Specifications

ISBN-13
9781107146914
Publisher
Cambridge University Press
Publication
January 2017
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Paperback

Details

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.

Table of Contents

Foreword Michael Wood
1. Introduction: why does customary international law need reexamining? Brian D. Lepard

Part I. Reexamining Historical and Theoretical Perspectives on Customary International Law:
2. 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. Customary law and general principles: rethinking their relationship Thomas Kleinlein

Part II. Reexamining Customary Humanitarian Law:
6. The ICRC and the clarification of customary international humanitarian law Jean-Marie Henckaerts and Els Debuf
7. 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. Using customary international law to improve women's lives Anna Williams Shavers

Part IV. Reexamining Customary Air and Space Law:
10. Customary international law in aviation: a hundred years of travel through the competing norms of sovereignty and freedom of overflight Sofia Michaelides-Mateou
11. Customary international law and outer space Frans von der Dunk

Part V. Reexamining Customary International Law:
12. Concluding reflections: insights from reexamining customary international law Brian D. Lepard.
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