The Theory, Practice, and Interpretation of Customary International Law
Part of The Rules of Interpretation of Customary International Law
- Editors:
- Panos Merkouris, Rijksuniversiteit Groningen, The Netherlands
- Jörg Kammerhofer, University of Freiburg, Germany
- Noora Arajärvi, Hertie School of Governance, Berlin, Germany
- Date Published: May 2022
- availability: Available
- format: Hardback
- isbn: 9781316516898
Hardback
Other available formats:
Paperback, eBook
Looking for an inspection copy?
Please email [email protected] to enquire about an inspection copy of this book
-
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. This title is also available as Open Access on Cambridge Core.
Read more- Available as Open Access on Cambridge Core, this volume explores traditional dilemmas surrounding customary international law and offers innovative ways to resolve them using recent insights and developments in the field
- Traces how customary international law is practised in diverse settings, showing how customary rules are interpreted differently by various actors in the field
- Introduces the concept of customary international law interpretation and explains it using examples from both international and national courts
Customer reviews
Not yet reviewed
Be the first to review
Review was not posted due to profanity
×Product details
- Date Published: May 2022
- format: Hardback
- isbn: 9781316516898
- length: 500 pages
- dimensions: 235 x 158 x 36 mm
- weight: 1kg
- availability: Available
Table of Contents
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.
Sorry, this resource is locked
Please register or sign in to request access. If you are having problems accessing these resources please email [email protected]
Register Sign in» Proceed
You are now leaving the Cambridge University Press website. Your eBook purchase and download will be completed by our partner www.ebooks.com. Please see the permission section of the www.ebooks.com catalogue page for details of the print & copy limits on our eBooks.
Continue ×Are you sure you want to delete your account?
This cannot be undone.
Thank you for your feedback which will help us improve our service.
If you requested a response, we will make sure to get back to you shortly.
×