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Identification of Customary International Law


ISBN13: 9780198848226
Published: November 2024
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £145.00



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Customary international law remains a central source of international law and the core of the international legal system. It continues to draw the attention of lawyers, especially at a time marked by the great expansion of international law and its increasing application in domestic and international courts. Determining whether an applicable rule of customary international law exists is therefore of great practical concern - but this important legal task is not always simple or straightforward.

This book serves as guidance to those seeking to determine the existence of rules of customary international law and their content. It elaborates on the methodology for the identification of rules of customary international law and examines a host of questions concerning the process and evidence at issue. It does so by complementing the authoritative work of the UN International Law Commission on this topic, and by drawing upon a wealth of additional practice and writings.

Identification of Customary International Law provides an overview of the Commission's work and expands on it by addressing the nature and history of custom as a source of international law, inquiring into each of the two constituent elements of customary international law (namely, a general practice and opinio juris), explaining the value and limits of certain forms of evidence, and throwing further light on such issues as the persistent objector rule and particular customary international law. Practitioners and scholars alike will find this detailed treatment useful in seeking to determine the existence and content of any customary rule and in ensuring that arguments about customary international law are persuasive.

Subjects:
Public International Law
Contents:
1:Introduction
2:Custom as a Source of International Law
3:The International Law Commission's work on Identification of Customary International Law
4:The Two-Element Approach
5:Assessment of Evidence for the Two Constituent Elements
6:A General Practice: Whose Practice, What Practice
7:A General Practice: Assessing Generality
8:Acceptance as Law (Opinio Juris)
9:The Significance of Treaties for the Identification of Customary International Law
10:Resolutions of International Organizations and Intergovernmental Conferences as Evidence of Customary International Law
11:Judicial Decisions and the Teachings of Publicists as Subsidiary Means for the Determination of Rules of Customary International Law
12:The Persistent Objector Rule
13:Particular Customary International Law
14:Concluding Observations

Series: Oxford International Law Library

The Law of Investment Treaties 3rd ed ISBN 9780198850953
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Oxford University Press
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Multinational Enterprises and the Law 3rd ed (eBook) ISBN 9780192557452
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Oxford University Press
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Multinational Enterprises and the Law 3rd ed ISBN 9780198824138
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£190.00
The Law of Investment Treaties 3rd ed (eBook) ISBN 9780192591524
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Oxford University Press
£111.19
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Multinational Enterprises and the Law 3rd ed ISBN 9780198824145
Published February 2021
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£65.00
The Law of International Watercourses 3rd ed ISBN 9780198736929
Published February 2019
Oxford University Press
£175.00
£41.99 - Unavailable at Publisher
Treaty Interpretation 2nd ed ISBN 9780198806240
Published March 2017
Oxford University Press
£45.99
International Criminal Law ISBN 9780198806202
Published March 2017
Oxford University Press
£43.99
The Law of State Immunity 3rd ed ISBN 9780198744412
Published August 2015
Oxford University Press
£84.00
International Criminal Law (eBook) ISBN 9780191002984
Published June 2015
Oxford University Press
£23.24
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International Criminal Law ISBN 9780199689040
Published June 2015
Oxford University Press
£147.50
The Law of Investment Treaties 2nd ed (eBook) ISBN 9780191009150
Published June 2015
Oxford University Press
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The Law of Investment Treaties 2nd ed ISBN 9780198703976
Published June 2015
Oxford University Press
Out of print
Position of Heads of State and Senior Officials in International Law ISBN 9780199640287
Published March 2014
Oxford University Press
£125.00
Position of Heads of State and Senior Officials in International Law (eBook) ISBN 9780191632174
Published March 2014
Oxford University Press
£104.17
(ePub)
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The Law of State Immunity 3rd ed (eBook) ISBN 9780191669767
Published September 2013
Oxford University Press
£66.67
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The Law of State Immunity 3rd ed ISBN 9780199647064
Published September 2013
Oxford University Press
£337.50
Treaty Interpretation (eBook) ISBN 9780191021671
Published September 2010
Oxford University Press
Out of print
Treaty Interpretation ISBN 9780199597048
Published September 2010
Oxford University Press
Out of print
Multinational Enterprises and the Law 2nd ed (eBook) ISBN 9780191021602
Published June 2007
Oxford University Press
Out of print
Multinational Enterprises and the Law 2nd ed ISBN 9780199227969
Published June 2007
Oxford University Press
Out of print
Multinational Enterprises and the Law 2nd ed ISBN 9780199282562
Published June 2007
Oxford University Press
Out of print
The Law of International Watercourses 2nd ed ISBN 9780199202539
Published May 2007
Oxford University Press
Out of print
The International Law of Territory ISBN 9780199299621

Oxford University Press
Publication Abandoned