Reexamining Customary International Law

This book critically re-examines this foundational source of international law, incorporating the insights of experts in many fields.

Brian D. Lepard (Edited by)

9781107146914, Cambridge University Press

Hardback, published 16 February 2017

438 pages, 3 tables
22.8 x 15.2 x 2.4 cm, 0.75 kg

'Overall, the present book presents novel arguments on how to re-examine CIL, and it does so insightfully. … 'Reexamining Customary International Law' represents a stimulating addition to the literature on the sources of international law, and it will be of a significant value to both academics and decision-makers, including lawyers, governments, international and non-governmental organisations and international courts and tribunals.' Ezequiel Heffes, Israel Law Review

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.

Foreword Michael Wood
1. Introduction: why does customary international law need reexamining? Brian D. Lepard
Part I. Reexamining Historical and Theoretical Perspectives on Customary International Law: 2. Customary international law in historical context: the exercise of power without general acceptance J. Patrick Kelly
3. Fake custom Fernando R. Tesón
4. The role of consent and uncertainty in the formation of customary international law Niels Petersen
5. Customary law and general principles: rethinking their relationship Thomas Kleinlein
Part II. Reexamining Customary Humanitarian Law: 6. The ICRC and the clarification of customary international humanitarian law Jean-Marie Henckaerts and Els Debuf
7. From the 'demands of humanity': the formulation of opinio juris in decisions of international criminal tribunals and the need for a renewed emphasis on state practice Noora Arajärvi
Part III. Reexamining Customary Human Rights Law: 8. Towards a new theory of customary international human rights law Brian D. Lepard
9. Using customary international law to improve women's lives Anna Williams Shavers
Part IV. Reexamining Customary Air and Space Law: 10. Customary international law in aviation: a hundred years of travel through the competing norms of sovereignty and freedom of overflight Sofia Michaelides-Mateou
11. Customary international law and outer space Frans von der Dunk
Part V. Reexamining Customary International Law: 12. Concluding reflections: insights from reexamining customary international law Brian D. Lepard.

Subject Areas: Public international law [LBB], International law [LB], Comparative law [LAM], Jurisprudence & general issues [LA], Law [L]