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Keywords: customary international law
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Journal Article
Custom, Reconsidered: Lessons on Unwritten Rules from Professional Sports
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Robert J Beck
International Studies Review, Volume 26, Issue 1, March 2024, viae010, https://doi.org/10.1093/isr/viae010
Published: 23 February 2024
... lenses through which to reconsider customary international law (CIL) and its rules. 1 The realm of professional sports, like that of international politics, has its own expected roles and reputations, ethical sensibilities, dynamics of reciprocity, practices of espionage, comminglings...
Journal Article
Identification as the Process to Determine the Content of Customary International Law
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Massimo Lando
Oxford Journal of Legal Studies, Volume 42, Issue 4, Winter 2022, Pages 1040–1066, https://doi.org/10.1093/ojls/gqac015
Published: 30 August 2022
...Massimo Lando To develop this article’s argument, it is necessary to expand on two preliminary points: first, the case made by scholars in support of the interpretability of customary international law, which this article critiques; and, second, the assumptions underlying this article’s argument...
Journal Article
The Dynamics of International Law Redux
Nico Krisch
Current Legal Problems, Volume 74, Issue 1, 2021, Pages 269–297, https://doi.org/10.1093/clp/cuab008
Published: 11 October 2021
... from previous times. 23 Many more recent accounts, for example those of the International Law Commission in its recent work on customary international law and the subsequent practice to treaties, follow in the same footsteps. 24 With such thresholds and the difficulties...
Journal Article
Group Companies and Climate Justice
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Lisa Benjamin
Current Legal Problems, Volume 74, Issue 1, 2021, Pages 235–267, https://doi.org/10.1093/clp/cuab007
Published: 05 October 2021
... a reconceptualization of company law, including transnational corporate liability. This paper argues that these reconsiderations are not only appropriate, but given the contested histories of many of these companies in the Global South, long overdue. International law institutional change customary international law...
Journal Article
An international constitutional moment for data privacy in the times of mass-surveillance
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Monika Zalnieriute
International Journal of Law and Information Technology, Volume 23, Issue 2, Summer 2015, Pages 99–133, https://doi.org/10.1093/ijlit/eav005
Published: 31 March 2015
... in recent months, this article aims to make an original contribution to the international data privacy discourse by scrutinizing the different approaches to customary international law formation and applying these insights to ‘data’ privacy—as opposed to a general right to privacy—to examine whether...
Journal Article
The Idea of ‘Rules’ in the Sources of International Law
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Jean d’Aspremont
British Yearbook of International Law, Volume 84, Issue 1, 2014, Pages 103–130, https://doi.org/10.1093/bybil/bru025
Published: 05 December 2014
... of communication that is required for legal argumentation to take place among professional international lawyers. Sources of International Law Article 38 Treaty Customary International Law Legal Theory Ruleness Social Practice Interpretive Community A second preliminary remark: Forsaking the dominant...
Chapter
Malaysia
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Abdul Ghafur Hamid @ Khin Maung Sein
Published: 04 October 2019
... organizations. In relation to international conventions, Malaysia has a policy of respecting them and complying with them. What is surprising, however, is that Malaysia rejects outright the doctrine of incorporation in respect of customary international law, deviating from the practice of the UK and other...
Chapter
Published: 04 October 2019
... existence within more than one legal system. diffuse jurisdictions customary international law human rights indigenous people non state law boundaries between state and Austin John Berman Paul Schiff coercion Kelsen Hans pluralism Tamanaha Brian United Kingdom classification command theory law...
Chapter
Customary International Law: A Transformative Force in the Landscape of IHL
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Katharine Fortin
Published: 23 May 2024
... or interpret them. It reviews customary international humanitarian law’s influence on the manner in which customary international law is understood and ends by reflecting on the way in which customary international humanitarian law in this area might develop, considering some of the methodological challenges...
Chapter
Published: 29 March 2012
... Speaking Countries Organisation Internationale de la Francophonie AU Constitutive Act Libya responsibility to protect state sovereignty subsidiarity customary international law International Criminal Court jus cogens obligations erga omnes soft law Convention on the Prevention and Punishment...
Book
Humanitarian Intervention and International Relations
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Jennifer M. Welsh (ed.)
Published online: 07 April 2004
Published in print: 18 December 2003
Chapter
International Organizations’ Obligations under Human Rights and International Humanitarian Law
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Carla Ferstman
Published: 27 July 2017
... treaties Council of Europe United Nations Secretary General UNSG AMISOM African Union Mission in Somalia MONUSCO UN Stabilization Mission in the Democratic Republic of the Congo customary international law opinio juris United Nations General Assembly UNGA NATO North Atlantic Treaty Organization...
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Introduction: the ‘Problematic’ of Custom in the Natural Law and ius gentium Tradition
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Francesca Iurlaro
Published: 23 December 2021
...The Invention of Custom . Francesca Iurlaro, Oxford University Press. © Francesca Iurlaro 2021. DOI: 10.1093/oso/9780192897954.003.0001 Customary international law emerged as a fundamental legal category capable of transitioning the naturalness of reason into the historicity...
Chapter
International Tax Law and Customary International Law
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Elizabeth Gil García
Published: 23 October 2023
...This chapter examines the relationship between international tax law and customary international law (CIL). CIL refers both to the process through which certain rules of international law are formed and the rules themselves formed through such a process. No consensus has been reached, however...
Book
Exceptions in International Law
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Lorand Bartels (ed.) and Federica Paddeu (ed.)
Published online: 20 August 2020
Published in print: 18 June 2020
... rule and rule source when considering that the prohibition of slavery is, at once, brought about by Article 4 of the European Convention on Human Rights (ECHR) and Article 8 of the International Covenant on Civil and Political Rights, and is also part of customary international law, and of jus cogens.9...
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Sustainable Development
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Daniel Barstow Magraw and Lisa D. Hawke
Published: 07 August 2008
... or activities concerned. How sustainable development has had these effects—whether as a non-normative policy, as soft law, as a reconciling norm of customary international law (as submitted by Judge 638 Christopher Weeramantry), as a ‘metaprinciple’ to avoid conflict (as submitted by Vaughn Lowe), or simply...
Chapter
Transformations of Natural Law: Germany 1648–1815
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Martti Koskenniemi
Published: 02 November 2016
Chapter
Hugo Grotius: The Making of a Founding Father of International Law
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Martine Julia Van Ittersum
Published: 02 November 2016
Chapter
The Critique of Classical Thought during the Interwar Period: Vattel and Van Vollenhoven
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Emmanuelle Tourme-Jouannet
Published: 02 November 2016
Chapter
The Ottoman Empire, the Origins of Extraterritoriality, and International Legal Theory
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Umut Özsu
Published: 02 November 2016
... authoritative? Had subsequent developments, including developments pertaining to customary international law, altered relations between the two states? Underscoring extraterritoriality’s centrality for the consolidation of a legal discourse of ‘civilization’ has significant implications. International legal...
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