Customary international law : a new theory with practical applications /

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Bibliographic Details
Author / Creator:Lepard, Brian D.
Imprint:Cambridge [U.K.] ; New York, N.Y. : Cambridge University Press, ©2010.
Description:1 online resource (xx, 419 pages) : illustrations
Language:English
Series:ASIL studies in international legal theory
ASIL studies in international legal theory.
Subject:
Format: E-Resource Book
URL for this record:http://pi.lib.uchicago.edu/1001/cat/bib/11824233
Hidden Bibliographic Details
ISBN:9780511676628
051167662X
0511681119
9780511681110
9780511804717
0511804717
9780521191364
052119136X
9780521138727
0521138728
Notes:Includes bibliographical references (pages 381-396) and index.
Print version record.
Summary:Customary international law, although long recognized as a primary source of international law, remains replete with enigmas, both conceptual and practical. These include how to determine the existence of opinio juris, the function of the state practice requirement, the definition of jus cogens customary norms, and the relationship between customary international law and ethics. In part because of these enigmas, the subject has generated a wide-ranging literature. However, no recent book-length work has attempted to articulate a comprehensive theory of customary international law that can effectively resolve these questions. This book sets out to accomplish this goal. Its approach is unique in a number of ways. For example, it is multidisciplinary and draws insights from fields such as legal theory, philosophy, political science, and game theory. In addition, it is anchored in a sophisticated ethical framework and explores at length the interconnections between customary international law and ethics.
Other form:Print version: Lepard, Brian D. Customary international law. Cambridge [U.K.] ; New York, N.Y. : Cambridge University Press, ©2010 9780521191364
Table of Contents:
  • The enigmas of customary international law
  • Foundations of a new theory of customary international law
  • Resolving the conceptual enigmas of customary international law
  • Resolving the practical enigmas of customary international law
  • Some applications of the theory
  • The future of customary international law.