Search
Search Results
-
Was There a Rule of Law in Early Modern Amsterdam? Mercantile Customary Law as a Test
This contribution intends to shed light on the development of the rule of law, particularly by questioning the existence of such rule of law in early...
-
Customary International Law
The ethics of collecting and retaining cultural property have been evolving and international law is changing in consequence. States—and...
-
The Impact of Subsequent Customary International Law on Treaties: Pushing the Boundaries of Interpretation?
Conflicts between treaty and customary norms are endemic to international law and are increasingly frequent. Yet there is nothing automatic or...
-
Constitutional Recognition of Customary International Law in Bangladesh
Since the colossal growth of international law and practices in the 1950s, its principles have increasingly become a relevant consideration in...
-
Customary Norms, General Principles of International Environmental Law, and Assisted Migration as a Tool for Biodiversity Adaptation to Climate Change
Assisted migration (AM) is a translocation of the representatives of species to areas outside their natural habitats as a response to climate change....
-
Customary Law
Another important source of tourism private law is the customary law that we find when a certain legal practice is practiced, and the relevant actors...
-
Customary Law Is Like an Onion: A Multilayered Approach to Customary Law and Its Status in the Contemporary World
In this chapter a new, original conceptualization of customary law is presented, suitable and adequate for the role it may play in the contemporary...
-
WTO Dispute Settlement and Trade Sanctions as Permissible Third-Party Countermeasures Under Customary International Law
The requirements for invoking WTO security exceptions as expounded in recent WTO dispute settlement cases are notably stricter than previously...
-
Customary International Law
This chapter explores the question as to whether the practice may find its roots in customary international law, drawing on its constituent parts...
-
Re-Imagining Customary Justice Systems: Interrogating Past Assumptions and Entertaining New Ones
In the early 2000s, the justice community of practice began to examine the role of customary justice systems in advancing development. This triggered...
-
General Principles of Law in International Law and Common Law
Article 38(1)(c) of the Statute of the International Court of Justice directs the Court to apply, in addition to international conventions and...
-
World Pandemic Control in International Law: Through a Transboundary Harm Perspective
The current pandemic response system under the International Health Regulations has been considered unsatisfactory in controlling world pandemic...
-
Redefining doubt in cases of uncertainty: an analysis of the 2023 US DoD Law of War Manual revision to the presumption of civilian status in armed conflict
The third edition of the United States (US) Department of Defense Law of War Manual , updated in December 2016 (2015 DoD Manual) states that “[u]nder...
-
Terrorism Exception to State Immunity: An Emerging Customary Norm of International Law?
The terrorism exception to State immunity is a relatively new method of combatting terrorism, introduced so far by the United States and Canada....
-
Navigating Law-Making and Law Reform in Small Jurisdictions
However they are defined, the many small jurisdictions of the world face several challenges when it comes to making and changing law. With small...
-
International Humanitarian Law
This chapter deals with the permissive and restrictive rules of international humanitarian law applicable to extraterritorial deprivations of liberty...
-
The Supreme Court of India and International Law: A Topsy-Turvy Journey from Dualism to Monism
In the relationship between international law and national law, the normative framework enshrined in the Indian Constitution is of formal dualism....
-
The Obligation to Provide Reparations by Armed Groups: A Norm under Customary International Law?
Reparations represent a key element to redress the suffering caused to victims of armed conflict. Taking into account the predominantly...
-
Examining a Norm of Customary International Law that Criminalises the Intentional Use of Starvation of the Civilian Population as a Method of Warfare
The criminalisation of intentionally using starvation of civilians as a method of warfare has been laid down in the Rome Statute of the International...
-
Consolidating International Humanitarian Law and International Human Rights Law: Protection from Gender-Based Violence Against Women in Non-International Armed Conflict
Academic discussion on the adequacy of international law, in particular international humanitarian law (IHL), to protect women from and to respond to...