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Stephen C McCaffrey

6. The customary law of international watercourses Stephen C McCaffrey INTRODUCTION The law of international watercourses has undergone tremendous development over the course of the past century.1 This is particularly true of the rules governing the non-navigational uses of shared fresh water resources, a category of uses that has gained great prominence during that period due to factors such as population growth, economic development and climate change. The responses of countries to these phenomena constitute State practice, and when that practice relates to

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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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John Heieck

A Duty to Prevent Genocide 2.   The P5’s duty to prevent genocide under customary international law 1    INTRODUCTION Chapter 2 will discuss the duty to prevent genocide under customary international law. Admittedly, there is a paucity of opinion in the literature and case law on this subject, the likely product of which is due to the fact that the Genocide Convention, as lex specialis , sufficiently covers the ratione materiae of the duty to prevent genocide. 1 Nevertheless, there is a question as to the ratione personae of this compelling

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Bruce L. Benson

7.  Customary commercial law, credibility, contracting, and credit in the high Middle Ages Bruce L. Benson Customary commercial law in the high Middle Ages Writing around 1020, Alpert of Metz described merchants in the town of Tiel as “men unaccustomed to discipline, who judge suits not according to law but according to inclination. . .” (Pertz 1925: 118). In other words, merchants did not follow what Alpert considered to be law.1 If merchants were lawless, however, they were not rule-less, as a monk writing around 1000 A.D., Notger of St. Gallen, suggested. He

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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