Results 251 to 260 of about 13,066 (287)
, 2021 This chapter explores the question as to whether the practice may find its roots in customary international law, drawing on its constituent parts state practice and opinio juris. Both elements will in the first instance be defined, as will the concept of regional custom.
Jörg Kammerhofer
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2023
Abstract Chapter 5 explains how customary international law is incorporated into U.S. law. It begins by exploring how U.S. views regarding the role of customary international law in the constitutional scheme appear to have evolved over time, starting from a deep-seated commitment to a degree of contemporary ambivalence about the role of ...
Sean D Murphy, Edward T Swaine
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Abstract Chapter 5 explains how customary international law is incorporated into U.S. law. It begins by exploring how U.S. views regarding the role of customary international law in the constitutional scheme appear to have evolved over time, starting from a deep-seated commitment to a degree of contemporary ambivalence about the role of ...
Sean D Murphy, Edward T Swaine
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2013
Abstract This chapter considers the status in the U.S. legal system of customary international law. After considering what the text of the Constitution suggests about this issue, the chapter discusses how courts historically applied customary international law in cases in which it was relevant and how courts referred to it as “part of ...
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Abstract This chapter considers the status in the U.S. legal system of customary international law. After considering what the text of the Constitution suggests about this issue, the chapter discusses how courts historically applied customary international law in cases in which it was relevant and how courts referred to it as “part of ...
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2018
Dans ce chapitre, nous etudions le debat sur la nature et les sources du Droit international coutumier. Le Droit international coutumier qui est le Droit qui lie les nations sans etre exprime dans des traites a traditionnellement deux sources: la pratique etatique et l'opinio juris.
John Yoo, Ivana Stradner
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Dans ce chapitre, nous etudions le debat sur la nature et les sources du Droit international coutumier. Le Droit international coutumier qui est le Droit qui lie les nations sans etre exprime dans des traites a traditionnellement deux sources: la pratique etatique et l'opinio juris.
John Yoo, Ivana Stradner
exaly +3 more sources
International Tax Law and Customary International Law
2023Abstract This chapter examines the relationship between international tax law and customary international law (CIL). CIL refers both to the process through which certain rules of international law are formed and the rules themselves formed through such a process. No consensus has been reached, however, regarding the concept. Nevertheless,
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Courses of the Summer School on Public International Law, 2020
Article 38 of the Statute of the International Court of Justice lists “international custom, as evidence of a general practice accepted as law” as the second source of law to be used by the Court. In other words, customary international law (CIL) requires state practice and opinio juris, the belief that the practice is legally required.
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Article 38 of the Statute of the International Court of Justice lists “international custom, as evidence of a general practice accepted as law” as the second source of law to be used by the Court. In other words, customary international law (CIL) requires state practice and opinio juris, the belief that the practice is legally required.
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2014
There is a general view that conspiracy as a crime under customary international law is only established with respect to the crimes of aggression and genocide. This chapter argues that the exclusion of conspiracy to commit war crimes and crimes and against humanity can no longer be supported.
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There is a general view that conspiracy as a crime under customary international law is only established with respect to the crimes of aggression and genocide. This chapter argues that the exclusion of conspiracy to commit war crimes and crimes and against humanity can no longer be supported.
openaire +2 more sources