Results 11 to 20 of about 13,066 (287)
Stability and Change in International Customary Law [PDF]
SSRN Electronic Journal, 2003 Customary law creates universally binding rules. According to the persistent objector doctrine, states have an opportunity to gain an exemption from emerging norms of customary law by opposing an emerging practice before it solidifies into a binding rule of custom.
PARISI, FRANCESCO, V. FON
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European Papers(Series Information) European Papers - A Journal on Law and Integration, 2024 9(1), 377-396 | Article | (Table of Contents) I. Introduction: the need for coordination between the supranational and international levels. – II. Models of coordination.
Maria Eugenia Bartoloni
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Transformation of Customary Law Through ICC Practice
AJIL Unbound, 2018 Article 21 of the Rome Statute, in defining the applicable sources of law for the International Criminal Court (ICC), breaks with the practice of the ad hoc tribunals by treating customary international law as only a secondary authority.
Fausto Pocar
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The International Court of Justice and the international humanitarian law rules for armed conflicts
Revista Científica General José María Córdova, 2022 This article analyzes the undermined importance of the International Court of Justice’s (ICJ) case law in interpreting international humanitarian law (IHL) and its relationship with public international law.
Walter Arevalo-Ramírez
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The Identification of Customary Rules in International Criminal Law
Utrecht Journal of International and European Law, 2018 This paper aims to examine whether a different methodology has emerged to identify customary rules in the field of international criminal law. For this purpose, this paper briefly touches upon debates regarding customary law as a source and an ...
Yudan Tan
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Review The approach of Customary Rules of International Environmental Law in Climate Change [PDF]
پژوهشهای حقوقی, 2023 Today, custom is of great importance in the world community and means a general procedure that has been accepted as a legal rule, and such a custom creates a mandatory legal rule that is implemented in relations between governments and has two material ...
Masoud Raei deheghi +2 more
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JUDICIAL "TRANSLATION" AND CONTEXTUALISATION OF VALUES: RETHINKING THE DEVELOPMENT OF CUSTOMARY LAW IN MAYELANE [PDF]
Potchefstroom Electronic Law Journal, 2015 The relevance of Mayelane v Ngwenyama (2013 4 SA 415 (CC)) has not been exhausted. Particularly the constitutional mandate undertaken by the Constitutional Court to "develop" customary law deserves closer scrutiny.
Liz Lewis
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The Theory, Practice, and Interpretation of Customary International Law
, 2022 This volume discusses the theory, practice, and interpretation of customary international law, as well as new developments and future research trajectories. Combining discussions of familiar concepts with new ideas, it is useful for researchers, scholars,
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Revolution by Customary International Law?
AJIL Unbound, 2018 B.S. Chimni's Customary International Law: A Third World Perspective announces a provocative normative approach to customary international law (CIL) designed to develop progressive norms by deemphasizing state practice and promoting deliberative ...
J. Patrick Kelly
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Modes of International Criminal Justice and General Principles of Criminal Responsibility
Göttingen Journal of International Law, 2013 International criminal justice now functions via two systems – a direct one led by the international tribunals and an indirect one driven by national courts.
Hiromi Sato
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