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The Theory, Practice and Interpretation of Customary International Law

The Theory, Practice and Interpretation of Customary International Law

Author: Panos Merkouris; Jörg Kammerhofer, Noora Arajärvi
Publisher: Cambridge University Press
ISBN: 9781009505505

Published In: June 2024
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781316516898

List Price: HKD 389.00

HKD 377.33 Save HKD 11.67 (3%)

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Although customary international law (CIL) has been central to international law from its inception, it is often misunderstood. This edited volume remedies that problem by tracing the history of CIL and provides an in-depth study of its theory, practice, and interpretation. Its chapters tackle the big questions which surround this source of international law such as: what are the rules that regulate the functioning of CIL as a source of international law? Can CIL be interpreted? Where do lines between identification, interpretation, application, and modification of a rule of CIL lie? Using recent developments, this volume revisits old debates and resolves them by proffering new and innovative solutions. With detailed examples from international and national courts, it places CIL in a range of settings to explain, explore and reflect upon this developing and highly significant field.

Part I. The Theory of Customary International Law: Fault Lines and the Need for New Approaches:

1. Between pragmatism and disenchantment: The theory of customary international law after the ILC Project

Jörg Kammerhofer

2. The custom-making moment in customary international law

Jean d'Aspremont

3. Misinterpreting customary international law: Corrupt pedigree or self-fulfilling prophecy?

Noora Arajärvi

4. The logic of absence in customary international law: An open-system approach

Anna Irene Baka

5. Schrödinger's custom: Implications of identification on the interpretation of customary international law Markus P. Beham

Part II. Customary International Law as a Source of International Law: Doctrine and History:

6. The significance of state consent for the legitimate authority of customary international law Andreas Føllesdal

7. Custom and the regulation of 'the sources of international law'

Diego Mejía-Lemos

8. The ILC's new way of codifying international law, the motives behind it, and the interpretive approach best suited to it

Luigi Crema

9. Beyond formalism: Reviving the legacy of Sir Henry Maine for customary international law

Andreas Hadjigeorgiou

10. Enkapsis and the development of customary international law: An encyclopedic approach to inter-legality

Romel Regalado Bagares

Part III. The Practice of Customary International Law Across Various Fora: Diversity of Approaches and Actors:

11. Customary international law in the reasoning of international courts and tribunals

Vladyslav Lanovoy

12. Eureka! On courts' discretion in 'ascertaining' rules of customary international law

Letizia Lo Giacco

13. Identification of and resort to customary international law by the WTO Appellate Body

Mariana Clara De Andrade

14. The practice of non-state armed groups and the formation of customary international humanitarian law: Towards direct relevance?

Zhuo Liang

15. Identifying custom in universal periodic review recommendations

Frederick Cowell

Part IV. Interpretation of Customary International Law: Delineating the Stages in its Life Cycle:

16. Interpreting customary international law: you'll never walk alone

Panos Merkouris

17. Practical reasoning and interpretation of customary international law

Kostiantyn Gorobets

18. Different strings of the same harp: interpretation of rules of customary international law, their identification and treaty interpretation

Marina Fortuna

19. Customary international law: identification versus interpretation

Riccardo Di Marco

20. 'And in the darkness bind them': hand-waving, bootstrapping, and the interpretation of customary international law after Chagos

John R. Morss and Emily Forbes

Part V. Customary International Law in the Practice of Domestic Courts: What Lessons for International Law?:

21. The role of domestic courts in the interpretation of customary international law: how can we learn from domestic interpretive practices?

Nina Mileva

22. Customary international law interpretation: the role of domestic courts

Cedric Ryngaert

23. The relevance of customary international law in the domestic legal order of a federal state

Gerhard Hoogers

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