Customary International Law

A New Theory with Practical Applications

Brian D Lepard author

Format:Hardback

Publisher:Cambridge University Press

Published:11th Jan '10

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Customary International Law cover

This book sets out to articulate a comprehensive theory of customary international law that can effectively resolve the conceptual and practical enigmas surrounding it.

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.

'Lepard's aim was to articulate a comprehensive theory of customary international law which resolves the various conceptual and practical enigmas with which it is associated. He is certainly successful in setting out a comprehensive theory of customary international law.' Natalie Baird, New Zealand Yearbook of International Law

ISBN: 9780521191364

Dimensions: 229mm x 152mm x 29mm

Weight: 810g

440 pages