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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.
Customary law, International --- Common heritage of mankind (International law) --- Customary law, International. --- Common heritage of mankind (International law). --- Customary international law --- International customary law --- International law --- Jus cogens (International law) --- International commons --- Res omnium communes --- Environmental law, International --- Natural resources --- Sovereignty --- Law and legislation --- Droit coutumier international --- Law --- General and Others --- Patrimoine commun de l'humanité --- Patrimoine commun de l'humanité
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341.32 --- Humanitarian intervention --- Humanitarian law --- -341.32 Regels voor oorlogsvoering. Humanitair recht --- Regels voor oorlogsvoering. Humanitair recht --- Humanitarian conventions --- International humanitarian law --- War (International law) --- Intervention (International law) --- Moral and ethical aspects --- Droit d'ingérence humanitaire --- Droit international humanitaire --- Aspect moral --- 341.32 Regels voor oorlogsvoering. Humanitair recht
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"Reexamining Customary International Law takes on the complex issues and controversies surrounding the history, theory, and practice of customary international law as it reexamines customary law's increasingly important role in world affairs. It incorporates the expertise of distinguished authors to probe many difficult issues that remain unresolved concerning the doctrine of customary law. At the same time, this book engages in a profound exploration of the practical role of customary international law in a variety of important fields, including humanitarian law, human rights law, and air and space law."--Back cover.
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Few foreign policy issues in the past decade have elicited as much controversy as the use of military force for humanitarian purposes. In this book Brian Lepard offers a new method for analyzing humanitarian intervention that seeks to resolve conflicts among legal norms by identifying ethical principles embedded in the UN Charter and international law and relating them to a pivotal principle of ";unity in diversity."; A special feature of the book, which avoids the charge of ethnocentricity brought against other approaches, is that Lepard shows how passages from the revered texts of seven world religions may be interpreted as supporting these ethical principles. In connecting law with ethics and religion in this way, he takes a major step forward in the effort to formulate a normative basis for international law in our multicultural world.
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Reexamining Customary International Law takes on the complex issues and controversies surrounding the history, theory, and practice of customary international law as it reexamines customary law's increasingly important role in world affairs. It incorporates the expertise of distinguished authors to probe many difficult issues that remain unresolved concerning the doctrine of customary law. At the same time, this book engages in a profound exploration of the practical role of customary international law in a variety of important fields, including humanitarian law, human rights law, and air and space law.
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