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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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Add 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 to the inventory that you are selling on WonderClubX
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Add 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 to your collection on WonderClub |