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Publisher:
Cambridge University Press
Online publication date:
May 2022
Print publication year:
2022
Online ISBN:
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

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

Full book PDF

Page 1 of 2


  • The Theory, Practice, and Interpretation of Customary International Law
    pp i-i
  • The Rules of Interpretation of Customary International Law - Series page
    pp ii-ii
  • The Theory, Practice, and Interpretation of Customary International Law - Title page
    pp iii-iii
  • Copyright page
    pp iv-iv
  • Contents
    pp v-viii
  • Contributors
    pp ix-xiv
  • Preface
    pp xv-xvii
  • Abbreviations
    pp xviii-xxii
  • Table of Cases
    pp xxiii-xxxiii
  • Table of International Treaties, Documents and National Legislation
    pp xxxiv-xlii
  • Part I - The Theory of Customary International Law
    pp 1-102
  • Fault Lines and the Need for New Approaches
  • 2 - The Custom-Making Moment in Customary International Law
    pp 29-39
  • 4 - The Logic of Absence in Customary International Law
    pp 62-86
  • An Open-System Approach
  • Part II - Customary International Law as a Source of International Law
    pp 103-228
  • Doctrine and History
  • 7 - Custom and the Regulation of ‘the Sources of International Law’
    pp 137-160
  • 15 - Identifying Custom in Universal Periodic Review Recommendations
    pp 320-344
  • Part IV - Interpretation of Customary International Law
    pp 345-450
  • Delineating the Stages in Its Life Cycle
  • 16 - Interpreting Customary International Law
    pp 347-369
  • You’ll Never Walk Alone

Page 1 of 2


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