Customary International Law in Times of Fundamental Change: Recognizing Grotian Moments

Customary International Law in Times of Fundamental Change: Recognizing Grotian Moments

by Michael P. Scharf

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Overview

Customary International Law in Times of Fundamental Change: Recognizing Grotian Moments by Michael P. Scharf

This is the first book to explore the concept of "Grotian Moments." Named for Hugo Grotius, whose masterpiece De Jure Belli ac Pacis helped marshal in the modern system of international law, Grotian Moments are transformative developments that generate the unique conditions for accelerated formation of customary international law. In periods of fundamental change, whether by technological advances, the commission of new forms of crimes against humanity, or the development of new means of warfare or terrorism, customary international law may form much more rapidly and with less state practice than is normally the case to keep up with the pace of developments. The book examines the historic underpinnings of the Grotian Moment concept, provides a theoretical framework for testing its existence and application, and analyzes six case studies of potential Grotian Moments: Nuremberg, the continental shelf, space law, the Yugoslavia Tribunal's Tadic decision, the 1999 NATO intervention in Serbia, and the 9/11 terrorist attacks.

Product Details

ISBN-13: 9781107035232
Publisher: Cambridge University Press
Publication date: 06/30/2013
Pages: 240
Product dimensions: 6.10(w) x 9.10(h) x 0.70(d)

About the Author

Michael Scharf is the John Deaver Drinko-Baker and Hostetler Professor of Law and Associate Dean for Global Legal Studies at Case Western Reserve University School of Law. Scharf is the author of fifteen books, three of which have won book of the year awards. During the elder Bush and Clinton Administrations, Scharf served in the Office of the Legal Advisor of the US Department of State, where he held the positions of Attorney-Advisor for Law Enforcement and Intelligence, Attorney-Advisor for United Nations Affairs, and delegate to the United Nations Human Rights Commission. In February 2005, Scharf and the Public International Law and Policy Group, a non-governmental organization he co-founded and directs, were nominated for the Nobel Peace Prize by the prosecutor of an international criminal tribunal for the work they have done to help in the prosecution of major war criminals.

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