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Vol 21 No 9 Sept/Oct 2016

Book of the Month

Cover of Goode on Commercial Law

Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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

ISBN13: 9781107610323
Published: August 2013
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback
Price: £23.99
Hardback edition , ISBN13 9781107035232

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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.

Public International Law
1. Introduction
2. Historical context
3. Theoretical underpinnings
4. Nuremberg as Grotian moment
5. The Truman proclamation on the continental shelf
6. Outer space law
7. The Yugoslavia tribunal's Tadic decision
8. The responsibility to protect doctrine
9. The response to 9/11
10. Conclusion.