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The Discourse on Customary International Law

The Discourse on Customary International Law

The Discourse on Customary International Law

Author: Jean d' Aspremont
Publisher: Oxford University Press
ISBN: 9780192843913
Published In: June 2021
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: HKD 363.87

HKD 352.95 Save HKD 10.92 (3%)

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Description
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Along with treaties, custom is one of the sources of international law. It is known to consist of two elements: state practice and opinio juris. While many studies have looked at traditional questions of how to identify customary law, this book takes a new and original approach. It looks instead at the structure of thought that lies beneath the arguments about customary international law. By examining these structures, the book uncovers surprising conclusions, and demonstrates what the author describes as the 'discursive splendour' of customary international law. The book guides the reader through an analysis of eight distinct performances at work in the discourse on customary international law. One of its key claims is that customary international law is not the surviving trace of an ancient law-making mechanism that used to be found in traditional societies. Indeed, as is shown throughout, customary international law is anything but ancient, and there is hardly any doctrine of international law that contains so many of the features of modern thinking. It is also argued that, contrary to mainstream opinion, customary international law is in fact shaped by texts, and originates from a textual environment. This book provides an engaging account of customary international law, whilst challenging readers to rethink their understanding of this fundamental part of the discipline.

1: Introduction: The Modern Splendour of Customary International Law

2: The Enabling Constraint

3: The Third Element

4: The Custom-Making Moment

5: The Practicians

6: Self-Destruction

7: Self-Confirmation

8: System-Support

9: The Residual Receptacle

10: The Empire of Rules

11: Concluding Remarks: The Splendid Textuality of Customary International Law

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