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Cases, treaties, journal articles, and websites on international law including diplomatic law, criminal law, human rights, etc. concise but substantial information on: legal terms as used in international law, significant doctrines, prominent cases, decisions and arbitration, important incidents, judicial and literary figures, treaties and conventions, organizations and institutions, and acronyms.
Comprehensive database on articles on every aspect of public international law. Primary documents, such as treaties, are also available for some entries.
Access Note: Access restricted to members of the Vanderbilt Law School community.
Custom as a Source of Law by David J. BedermanA central puzzle in jurisprudence has been the role of custom in law. Custom is simply the practices and usages of distinctive communities. But are such customs legally binding? Can custom be law, even before it is recognized by authoritative legislation or precedent? And, assuming that custom is a source of law, what are its constituent elements? Is proof of a consistent and long-standing practice sufficient, or must there be an extra ingredient - that the usage is pursued out of a sense of legal obligation, or, at least, that the custom is reasonable and efficacious? And, most tantalizing of all, is custom a source of law that we should embrace in modern, sophisticated legal systems, or is the notion of law from below outdated, or even dangerous, today? This volume answers these questions through a rigorous multidisciplinary, historical, and comparative approach, offering a fresh perspective on custom's enduring place in both domestic and international law.
Call Number: Online Resource
Publication Date: 2010-08-16
Custom in Present International Law by Karol WolfkeThe main points discussed in the book include the requirements and the mechanism of international law formation, kinds of international customary rules, relation of customary rules to other kinds of rules of international law, the ascertaining of customary international law, and the basis of its binding force.
Call Number: KZ3179 .W64 1993
Publication Date: 1993-01-01
The Sources of International Law by Hugh ThirlwayThe question of what is, and what is not, part of international law is fundamental in shaping its current form and its development. Traditionally, treaties between states and state practice were seen as the primary means with which to create international law. However, the definition of whatthe sources of international law are, and how they operate, has been questioned in significant ways. Particularly this has been seen in the more recent developments in the notion of customary international law, which stands alongside international treaties and instruments as a key foundation uponwhich international law is built. This book provides a key inquiry into all the recognised, or asserted, sources of international law.It investigates the impact of ethical principles on the creation of international law; whether "soft law" norms come into being through the same sources as binding international law; and whether jus cogens norms, and those involving rights and obligations erga omnes have a unique place in thecreation of international legal norms. It studies the notion of "general principles of international law" within international law's sub-disciplines, and the evolving relationship between treaty-based law and customary international law. Re-examining the traditional model, it investigates theincreasing role of international jurisprudence, and looks at the nature of international organisations and non-state actors as potential new sources of international law. The book provides a perfect introduction to the law of sources, as well as innovative perspectives on new developments, making itessential reading for anyone studying or working in international law.
Call Number: KZ1279 .T45 2014
Publication Date: 2014-05-27
International Law by Malcolm N. ShawThis new edition of International Law confirms the text's status as the definitive book on the subject. Combining both his expertise as academic and practitioner, Malcolm Shaw's survey of the subject motivates and challenges both student and professional. By offering an unbeatable combination of clarity of expression and academic rigour, he ensures both understanding and critical analysis in an engaging and authoritative style. The text has been updated throughout to reflect recent case law and treaty developments. It retains the detailed references which encourage and assist further reading and study.
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