Customary International Law: A New Theory with Practical Applications

Customary International Law: A New Theory with Practical Applications

by Brian D. Lepard
     
 

View All Available Formats & Editions

ISBN-10: 0521138728

ISBN-13: 9780521138727

Pub. Date: 12/31/2009

Publisher: Cambridge University Press

Customary international law, although long recognized as a primary source of international law, remains replete with enigmas, both conceptual and practical. These include how to determine the existence of opinio juris, the function of the state practice requirement, the definition of jus cogens customary norms, and the relationship between customary international

Overview

Customary international law, although long recognized as a primary source of international law, remains replete with enigmas, both conceptual and practical. These include how to determine the existence of opinio juris, the function of the state practice requirement, the definition of jus cogens customary norms, and the relationship between customary international law and ethics. In part because of these enigmas, the subject has generated a wide-ranging literature. However, no recent book-length work has attempted to articulate a comprehensive theory of customary international law that can effectively resolve these questions. This book sets out to accomplish this goal. Its approach is unique in a number of ways. For example, it is multidisciplinary and draws insights from fields such as legal theory, philosophy, political science, and game theory. In addition, it is anchored in a sophisticated ethical framework and explores at length the interconnections between customary international law and ethics.

Product Details

ISBN-13:
9780521138727
Publisher:
Cambridge University Press
Publication date:
12/31/2009
Series:
ASIL Studies in International Legal Theory Series
Edition description:
New Edition
Pages:
440
Product dimensions:
5.90(w) x 8.90(h) x 1.00(d)

Table of Contents

1. The enigmas of customary international law; 2. Foundations of a new theory of customary international law; 3. Resolving the conceptual enigmas of customary international law; 4. Resolving the practical enigmas of customary international law; 5. Some applications of the theory; 6. The future of customary international law.

Customer Reviews

Average Review:

Write a Review

and post it to your social network

     

Most Helpful Customer Reviews

See all customer reviews >