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Customary International Law: A New Theory with Practical Applications Book

Customary International Law: A New Theory with Practical Applications
Customary International Law: A New Theory with Practical Applications, Customary international law, although long recognized as a primary sources of international law, remains replete with enigmas, both conceptual and practical. These include how to determine the existence of opinion juris, the function of the state practice, Customary International Law: A New Theory with Practical Applications has a rating of 4.5 stars
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Customary International Law: A New Theory with Practical Applications, Customary international law, although long recognized as a primary sources of international law, remains replete with enigmas, both conceptual and practical. These include how to determine the existence of opinion juris, the function of the state practice, Customary International Law: A New Theory with Practical Applications
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  • Customary International Law: A New Theory with Practical Applications
  • Written by author Brian D. Lepard
  • Published by Cambridge University Press, December 2009
  • Customary international law, although long recognized as a primary sources of international law, remains replete with enigmas, both conceptual and practical. These include how to determine the existence of opinion juris, the function of the state practice
  • Customary international law, although long recognized as a primary sources of international law, remains replete with enigmas, both conceptual and practical. These include how to determine the existence of opinion juris, the function of the state practice
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Authors

Figures xi

Acknowledgments xiii

Cases xv

part 1 The Enigmas of Customary International Law

1 The Need for a New Theory 3

2 Some Conceptual Enigmas 14

3 Some Practical Enigmas 30

part 2 Foundations of A New Theory of Customary International Law

4 Clarifying the Concept of Authoritative International Legal Norms 47

5 Fundamental Ethical Principles and Customary International Law 77

Part 3 Resolving The Conceptual Enigmas of Customary International Law

6 Toward a New Normative Theory of Customary International Law 97

7 A New Understanding of Opinio Juris 112

8 The Function of the State Practice Requirement 122

9 Ethics and Customary International Law 140

10 Democratic Principles and Customary International Law 151

11 The Relationship Between Customary International Law and General Principles of Law 162

Part 4 Resolving The Practical Enigmas of Customary International Law

12 General Sources of Evidence of Opinio Juris 171

13 The Role of Treaties as Evidence of Opinio Juris 191

14 The Role of United Nations General Assembly Resolutions as Evidence of Opinio Juris 208

15 The Role of Consistent State Practice 218

16 The Persistent Objector Exception 229

17 Defining Jus Cogens Customary Norms 243

18 Defining Erga Omnes Customary Norms 261

19 Resolving Conflicts with Treaties 270

20 Changing Customary International Law and the Role of International Organizations 277

Part 5 Some Applications of The Theory

21 International Rules on Allocating Income for Tax Purposes 285

22 International Human Rights Law in General 306

23 Determining the Customary Law Status of Specific Human Rights 331

24 The Right to Change One's Religion or Belief346

Part 6 The Future Of Customary International Law

25 Customary International Law as a Dynamic Process 371

Bibliography 381

Index 397


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Customary International Law: A New Theory with Practical Applications, Customary international law, although long recognized as a primary sources of international law, remains replete with enigmas, both conceptual and practical. These include how to determine the existence of opinion juris, the function of the state practice, Customary International Law: A New Theory with Practical Applications

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