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On the Foundations and Sources of International Law

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Edited by: Ige F. Dekker, H. H. G. Post

ISBN13: 9789067041584
ISBN: 9067041580
Published: March 2004
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £65.00



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The contributions included in this book, all written by renowned scholars, examine some of the long-standing fundamental issues of international law. The main part concerns the question: how is international law made and applied? A highly original, systematic assessment of the formation of customary international law by Herman Meijers - now for the first time published in English - provides an answer to this question. Two other long-standing fundamental issues are examined. Firstly, the plausibility of the hypothesis that international law is complete on the basis of the existence of a so-called 'closing rule'. Secondly, a study of the principle of the genuine link in the modern law of the sea demonstrates that its livelihood is so limited that a post mortem is justified. The volume is concluded by a discussion on a paradoxical aspect of the law of treaties, namely regarding the right of the parties to terminate their agreements.

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Subjects:
Public International Law
Contents:
Introduction Ige F. Dekker and Harry H. G. Post
Acknowledgements
List of contributors
List of abbreviations
Part I. Foundations:
1. On the completeness of international law
The completeness of international law and Hamlet's Dilemma: Non Liquet, the Nuclear Weapons case, and legal theory Ige F. Dekker and Wouter G. Werner
Comments Ko Swan Sik
2.On the genuine link
The genuine link concept: Time for a Post Mortem? Alex G. Oude Elferink
Comments Alfred H. A. Soons
Part II. Sources:
3. On the international customary law
On international customary law in the Netherlands Herman Meijers
The role of State practice in the formation of customary international humanitarian law Harry H. G. Post
4. On international customary law and the legal order of the European Union
From dyestuffs to Kosovo wine: from avoidance to acceptance by the European Community Courts of Customary International Law as limit to community action Pieter-Jan Kuijper
Comments Deirdre M. Curtin
5. On the treaty law
Some remarks on the effect of the termination of a treaty under Article 70 of the 1969 Vienna Convention on the Law of Treaties Bert Vierdag
Some observations on the consequences of the termination of treaties and the reach of Article 70 of the Vienna Convention on the Law of Treaties Andre Nollkaemper
Epilogue - Herman Meijers 1923-2000 Kees Groenendijk and Bert Swart.