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The Theory, Practice and Interpretation of Customary International Law
Provides an in-depth study of the theory, history, practice, and interpretation of customary international law.
Uncertainty in International Law
Re-engaging with the Pure Theory of Law developed by Hans Kelsen and the other members of the Viennese School of Jurisprudence, this book looks at the causes and manifestations of uncertainty in international law. It considers both epistemological uncertainty as to whether we can accurately perceive norms in international law, and ontological problems which occur inter alia where two or more norms conflict. The book looks at these issues of uncertainty in relation to the foundational doctrines of public international law, including the law of self-defence under the United Nations Charter, customary international law, and the interpretation of treaties. In viewing international law through th...
The Theory, Practice, and Interpretation of Customary International Law
Although customary international law (CIL) has been central to international law from its inception, it is often misunderstood. This edited volume remedies that problem by tracing the history of CIL and provides an in-depth study of its theory, practice, and interpretation. Its chapters tackle the big questions which surround this source of international law such as: what are the rules that regulate the functioning of CIL as a source of international law? Can CIL be interpreted? Where do lines between identification, interpretation, application, and modification of a rule of CIL lie? Using recent developments, this volume revisits old debates and resolves them by proffering new and innovative solutions. With detailed examples from international and national courts, it places CIL in a range of settings to explain, explore and reflect upon this developing and highly significant field. This title is also available as Open Access on Cambridge Core.
International Legal Positivism in a Post-Modern World
The first comprehensive study of international legal positivism and how this theory operates in twenty-first-century international legal scholarship.
International Investment Law and Legal Theory
A theoretical analysis of the structure of expropriation in investment law, investigating the foundations for contemporary scholarship and practice.
The Application of Teachings by the International Court of Justice
The first book-length systematic examination of how teachings are used in practice in international law.
The Interpretation of Acts and Rules in Public International Law
This monograph examines international legal regulation, analyses how it interacts with non-legal factors, and seeks to understand and confront the alleged inherent ambiguity and indeterminacy.
International Investment Law and Legal Theory
"If there is still doubt that the fragmentation of international law is very real, one need only take a look at the International Court of Justice's (ICJ) 2007 and 2010 judgments in Ahmadou Sallo Diallo.1 In that case, the Court pointedly ignored the very closely interwoven customary international law on the protection of foreigners and their property abroad and the treaty-based investment law and arbitral case-law. In its 2007 judgment on preliminary objections, it 'note[d] that, in contemporary international law, the protection of the rights of companies . . . [is] essentially governed by bilateral or multilateral agreements for the protection of foreign investments'"--
