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 Customary International Law

Andrew T Guzman

in How International Law Works: A Rational Choice Theory

Published in print:
2008
Published Online:
January 2008
ISBN:
9780195305562
eISBN:
9780199867004
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195305562.003.0005
Subject:
Political Science, International Relations and Politics

This chapter applies the theory of international law (developed earlier in the book) to customary international law. The way in which reputation, retaliation, and reciprocity support a body of less ... More


A Rule of the Lex Mercatoria—Opening the Debate to Public International Law

Orsolya Toth

in The Lex Mercatoria in Theory and Practice

Published in print:
2017
Published Online:
March 2017
ISBN:
9780199685721
eISBN:
9780191765711
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199685721.003.0006
Subject:
Law, Company and Commercial Law, Private International Law

This chapter opens up the lex mercatoria debate to public international law to remedy the isolation of the discourse. It analyses a ‘rule’ of the lex mercatoria by focusing on the latter of its two ... More


Political Genocide and Customary International Law

Dr. David Nersessian

in Genocide and Political Groups

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199588909
eISBN:
9780191594557
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199588909.003.0006
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter addresses the question of whether, as some suggest, political genocide is prohibited already by virtue of post-Convention developments in customary international law. It discusses the ... More


A Rule of the Lex Mercatoria—Opening the Debate to Jurisprudence

Orsolya Toth

in The Lex Mercatoria in Theory and Practice

Published in print:
2017
Published Online:
March 2017
ISBN:
9780199685721
eISBN:
9780191765711
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199685721.003.0007
Subject:
Law, Company and Commercial Law, Private International Law

This chapter opens up the lex mercatoria debate to jurisprudence and analyses a ‘rule’ of the lex mercatoria by focusing on the former of its two elements: (i) conduct and (ii) opinio juris. It ... More


Components of the International Law of Weaponry

William H. Boothby

in Weapons and the Law of Armed Conflict

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199569946
eISBN:
9780191705250
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199569946.003.0003
Subject:
Law, Public International Law

This chapter analyses the sources of the law of weaponry. It begins by explaining the notion of customary law. It discusses how the existence of a rule of custom can be determined. The rules as to ... More


Taking Consequences Seriously: Objections to Humanitarian Intervention

Jennifer M. Welsh

in Humanitarian Intervention and International Relations

Published in print:
2003
Published Online:
April 2004
ISBN:
9780199267217
eISBN:
9780191601118
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199267219.003.0004
Subject:
Political Science, International Relations and Politics

Outlines and evaluates the political, legal, and ethical objections to humanitarian intervention. In so doing, it questions not only whether the doctrine of ‘sovereignty as responsibility’ has taken ... More


Substantive Recognition of the Lex Mercatoria

Orsolya Toth

in The Lex Mercatoria in Theory and Practice

Published in print:
2017
Published Online:
March 2017
ISBN:
9780199685721
eISBN:
9780191765711
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199685721.003.0011
Subject:
Law, Company and Commercial Law, Private International Law

This chapter discusses the method of establishing a lex mercatoria rule in practice. The analysis is relevant in arbitration where the lex mercatoria applies and in court proceedings where trade ... More


Customary Human Rights Law

Steven Wheatley

in The Idea of International Human Rights Law

Published in print:
2019
Published Online:
March 2019
ISBN:
9780198749844
eISBN:
9780191814174
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198749844.003.0006
Subject:
Law, Public International Law, Human Rights and Immigration

Chapter 5 looks at customary human rights law, explaining how we can think about custom as a self-organizing system, the emergent property of the performative acts of states, who literally ‘speak’ ... More


Toward the Global Right to Property

John G Sprankling

in The International Law of Property

Published in print:
2014
Published Online:
June 2014
ISBN:
9780199654543
eISBN:
9780191747946
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199654543.003.0009
Subject:
Law, Public International Law, Private International Law

This chapter analyzes the extent to which a global right to property may be justified under conventional law, as a general principle of law, and as a norm of customary international law. Two thirds ... More


The United Nations and Law-making: The Political Organs

Rosalyn Higgins Dbe Qc

in Themes and Theories

Published in print:
2009
Published Online:
March 2012
ISBN:
9780198262350
eISBN:
9780191682322
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198262350.003.0004
Subject:
Law, Public International Law

In the early 1960s, the proposition that the political organs of the United Nations (UN) were engaged in law-making was regarded as novel. This chapter argues that the political bodies of ... More


Armed Groups and Customary International Human Rights Law

Katharine Fortin

in The Accountability of Armed Groups under Human Rights Law

Published in print:
2017
Published Online:
September 2017
ISBN:
9780198808381
eISBN:
9780191846106
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198808381.003.0011
Subject:
Law, Human Rights and Immigration, Public International Law

Chapter 11 analyses arguments that armed groups are bound by human rights law by virtue of customary international law. In doing so, the chapter draws together theories that have been explored in ... More


The Existing Accounts of the Lex Mercatoria

Orsolya Toth

in The Lex Mercatoria in Theory and Practice

Published in print:
2017
Published Online:
March 2017
ISBN:
9780199685721
eISBN:
9780191765711
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199685721.003.0003
Subject:
Law, Company and Commercial Law, Private International Law

This chapter evaluates the key accounts of the lex mercatoria to select the most promising concept. Clive Schmitthoff adopted a wide view of the lex mercatoria and included all written measures, ... More


Subsequent Customary Law as a Means of Treaty Modification

Irina Buga

in Modification of Treaties by Subsequent Practice

Published in print:
2018
Published Online:
May 2018
ISBN:
9780198787822
eISBN:
9780191829888
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198787822.003.0004
Subject:
Law, Public International Law, Company and Commercial Law

The chapter focuses on the treaty modifying potential of subsequent customary law, which, though distinct from that of subsequent practice, reveals a significant conceptual and practical overlap ... More


International Law on International Legal Sources

Mattias Åhrén

in Indigenous Peoples' Status in the International Legal System

Published in print:
2016
Published Online:
May 2016
ISBN:
9780198778196
eISBN:
9780191823596
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198778196.003.0004
Subject:
Law, Public International Law, Human Rights and Immigration

This chapter provides an outline of international law on international legal sources, with two particular focus areas. First, the chapter surveys whether a clinical distinction between so called ... More


Has the Advisory Opinion’s Finding that Kosovo’s Declaration of Independence was not Contrary to International Law Set an Unfortunate Precedent?

Anne Peters

in The Law and Politics of the Kosovo Advisory Opinion

Published in print:
2015
Published Online:
May 2015
ISBN:
9780198717515
eISBN:
9780191787058
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198717515.003.0015
Subject:
Law, Public International Law, Human Rights and Immigration

In the context of Kosovo’s protracted path to formal independence, some political actors have time and again highlighted the sui generis nature of the Kosovo issue, and denied that it would (or ... More


The Lex Mercatoria in Theory and Practice

Orsolya Toth

Published in print:
2017
Published Online:
March 2017
ISBN:
9780199685721
eISBN:
9780191765711
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199685721.001.0001
Subject:
Law, Company and Commercial Law, Private International Law

The book engages in the debate about the so-called ‘lex mercatoria’ by offering a theoretically justified and pragmatic account. It tests the proposition that the lex mercatoria is a universal, ... More


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