Revival: Legitimacy Deficit in Custom: Towards a Deconstructionist Theory (2001): Towards a Deconstructionist Theory

by Ben Chiagra

Overview

This title was first published in 2001. A discussion of customary international law (CIL). Throughout the study particular values are examined for their potential effect on the legitimacy of the process of custom. The writer argues that, in order to achieve legitimacy enhancing transparency in the process of custom, it must be acknowledged first that the power applied by international tribunals when they inaugurate new norms of customary international law always creates categories of "dominance" and "subservience", "inclusion" and "exclusion". Such an acknowledgement would foster a situation where both the power applied by tribunals and the manner in which it is applied, can legally be scrutinized for excesses that limit first the transparency of the process of custom, and second the legitimacy of norms of customary international law.

Product Details

ISBN-13:	9781138717428
Publisher:	Taylor & Francis
Publication date:	01/29/2019
Series:	Routledge Revivals
Pages:	386
Product dimensions:	6.12(w) x 9.19(h) x (d)

Table of Contents

1: Juridification of Custom; 2: International Organisation and Custom: From 1920 to Contemporary Perspectives; 3: Legitimacy Deficit in Article 38(1)(b)’s Jurisprudence; 4: Deconstructionism, Normative Theory and Custom; 5: Inauguration of New Norms of Customary Law in the Corfu Channel Case 1; 6: Custom and State Objection to Nascent Norms of Customary Law; 7: Twining Custom with Treaty — North Sea Continental Shelf Cases 1; 8: Conclusions