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  3. The Theory, Practice, and Interpretation of Customary International Law
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  • Cited by 2
Publisher:
Cambridge University Press
Online publication date:
May 2022
Print publication year:
2022
Online ISBN:
9781009025416
DOI:
https://doi.org/10.1017/9781009025416
Creative Commons:
Creative Common License - CC Creative Common License - BY Creative Common License - NC
This content is Open Access and distributed under the terms of the Creative Commons Attribution licence CC-BY-NC 4.0 https://creativecommons.org/creativelicenses
Subjects:
Public International Law, Law, Politics and International Relations, International Relations and International Organisations
Series:
The Rules of Interpretation of Customary International Law (1)
Information

Book description

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.

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Contents

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Contents
  • 17 - Practical Reasoning and Interpretation of Customary International Law
    pp 370-392
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  • 19 - Customary International Law
    pp 414-431
  • Identification versus Interpretation
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  • 22 - Customary International Law Interpretation
    pp 481-506
  • The Role of Domestic Courts
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  • Bibliography
    pp 530-573
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  • Index
    pp 574-604
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