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Connie de la Vega

International custom is a source of international law where there is evidence of a general practice accepted as law. It consists of State practice accompanied by opinio juris (the sense of legal obligation). The widespread acceptance of human rights treaties, often described as hard law, and declarations, resolutions and other international instruments (often described as soft law) has become a source of evidence of State practice as well as opinio juris . Widespread, rather than unanimous, acceptance is needed. A customary international

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Jef De Mot, Vincy Fon and Francesco Parisi

[ In : Volume 7 , Francesco Parisi (ed) Production of Legal Rules ] 1. Introduction Given the absence of a world legislature and the cost of forming and ratifying multilateral treaties, customary law has played a fundamental role in governing relationships among sovereign states in both historical and modern settings. Despite some assertions of its diminishing importance (see e.g. van Hoof, 1983 ), today customary international law is playing an increasingly prominent role in the international legal system (see e.g. Jiménez de Aréchaga, 1978 ; Lepard, 2010

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Robert Kolb

JOBNAME: Kolb PAGE: 260 SESS: 8 OUTPUT: Thu Dec 3 10:58:29 2015 XII Treaties and customary international law 1 General Aspects Multilateral conventions or a series of bilateral treaties on the same subject matter are not legal acts isolated from customary international law (CIL). Both entertain several interrelations. The conduct of States in concluding treaties and in deciding on their content is a form of State practice; and the content of the rules adopted reflects a view on what the law should be (opinio juris). Both therefore have some impact on CIL. In

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Elizabeth Gachenga

16.  Customary law systems for water governance in Kenya Elizabeth Gachenga In many jurisdictions including Kenya, the term ‘law’ is generally assumed to refer to enacted rules emanating from the state. Consequently, legal systems for water resource governance are considered largely as consisting of statutory law – rules enacted by state organs. Nonetheless, in many countries aspects of water resource management, particularly at the local level, include systems of rules that are beyond the scope of statutory frameworks, with local users developing informal norms

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Dominic N. Dagbanja

JOBNAME: Bussani PAGE: 1 SESS: 5 OUTPUT: Thu Jul 23 11:08:50 2015 18. Customary tort law in Sub-Saharan Africa Dominic N. Dagbanja The essential properties of a thing are those which one observes universally wherever that thing exists and which pertains to it alone. If, then, we wish to know what crime essentially is, we must extract the elements of crimes which are found similar in all criminological varieties in different social systems. None must be neglected. The juridical conceptions of the most inferior societies are no less significant than those of the

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Niels Petersen

JOBNAME: Fabbricotti PAGE: 3 SESS: 3 OUTPUT: Fri May 20 12:30:40 2016 2. The Political Economy of Customary International Law Niels Petersen I. INTRODUCTION When legal research discovered International Law (IL) as a field for political and economic analysis in the late 1990s, Customary International Law (CIL) was one of the first issues they turned to.1 One of the fascinations of CIL stems from the fact that it perfectly fits the image of spontaneous and decentralized rule-making that is a prominent subject of social science research,2 but largely absent in

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Francesco Parisi and Daniel Pi

JOBNAME: Kontorovich PAGE: 1 SESS: 20 OUTPUT: Tue Jul 19 13:05:04 2016 6. The emergence and evolution of customary international law Francesco Parisi and Daniel Pi The Statute of the International Court of Justice identifies three primary sources of public international law: (1) international conventions; (2) international custom; and (3) general principles of law.1 In this chapter, we discuss the emergence and evolution of the second source, customary law, from the perspective of law and economics. Let us begin by looking at what the term customary

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Patrick Dumberry

Any enquiry into the sources of international economic law (IEL) must be based on the recognized sources of general international law listed under Article 38(1) of the Statute of the International Court of Justice. One such source is ‘international custom, as evidence of a general practice accepted as law’. Rules of customary international law are binding on all States. They gradually develop over time based on the uniform and consistent practice of a large number of representative States. Both positive acts and omission/abstention are components of State

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Omri Sender and Michael Wood

JOBNAME: Brolmnan PAGE: 1 SESS: 5 OUTPUT: Tue Mar 22 12:08:43 2016 7. The emergence of customary international law: Between theory and practice Omri Sender and Michael Wood * In theory, theory and practice are the same. In practice, they are not. (Albert Einstein) Hersch Lauterpacht, former Member of the International Law Commission and Judge of the International Court of Justice, wrote of ‘the complexities – indeed the mysteries – of the rise of binding customary law from amidst the amorphous and, when taken in isolation, inconclusive manifestations of

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Alessandra Gianelli

JOBNAME: Fabbricotti PAGE: 1 SESS: 4 OUTPUT: Fri May 20 12:30:40 2016 3. Can Political Economy Help Solve the Riddle of Customary International Law? Alessandra Gianelli I. INTRODUCTION Customary International Law (CIL) has been the subject of scholarly reflections for a long time. While its binding force appears still in doubt for some International Relations/Political Economy scholars,1 the majority of international lawyers have, since the sixteenth century, assumed that custom is a source of law among States, a concept clearly expressed in the 1920 Statute of