Customary International Law
Finding Customary International Law
... 43. I began with the goal of also scrutinizing how state courts find CIL, and performed an identical search in Westlaw’s “All State Cases” database. This search produced an initial list of 140 cases, but hardly any of ...
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Customary Ivory Law: Inefficient Problem Solving with Customary International Law
... customary international law, based substantially on the widespread ratification of the treaty. 134 Paralleling D’Amato, he argues that treaties create CIL “‘when such agreements are intended for ...
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The Development of Customary International Law by International Organizations
... case law in which it deals with principles of territoriality and ...Union law, and in so doing has had to apply principles of territory to the context of a regional ...competition law in respect to ...
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The Development of Customary International Law by International Organizations
... case law in which it deals with principles of territoriality and ...Union law, and in so doing has had to apply principles of territory to the context of a regional ...competition law in respect to ...
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Customary international law and human rights
... as law”, arguing that in most cases widespread and consistent State practice alone is sufficient for constructing customary international ...time: customary international law ...
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Customary International Law in United States Courts
... of customary international law, rejecting the contrary holdings in Oetjen and other early act of state ...federal law, using reasoning that is invariably cited in modernist ...a law ...
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Customary International Law: An Instrument Choice Perspective
... of customary international ...the international community involve difficult and contentious questions of how to distribute the bene- fits and burdens of cooperation among differently situated ...an ...
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The Role of International Criminal Courts in the Formation of Customary International Law
... new customary rules emerged through an extensive, uniform, and consistent State ...this law-making process opinio juris had merely an evidentiary role supporting the newly formed ...Sometimes ...
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Alien Tort Claims and the Status of Customary International Law
... that customary international law was regarded at the time of the Founders as general common ...federal law within the meaning of Article III only if the plaintiff ’s cause of action was based ...
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Weapons Review Obligation under Customary International Law
... of customary inter- national ...under customary international ...the Law of Armed Conflict to Autonomous Weapon Systems, 90 I NTERNA- TIONAL L AW S TUDIES 386, 398 ...expressing ...
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Customary International Law and the Declaration on the Rights of Indigenous Peoples
... of customary international law: “it is necessary to look at its contents and the conditions of its adoption; it is also necessary to see whether an opinio juris exists as to its normative ...to ...
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Godot was Always There: Repetition and the Formation of Customary International Law
... of customary international humanitarian ...of customary law are to be applied to current ...view international humanitarian law in its entirety, asking what purpose it has served ...
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The 1982 Law of the Sea Convention: A Mere Declaration of Customary International Law?
... 1982 Law of the Sea Convention: A Mere Declaration of Customary International Law? 723 Writing on this point, Allen 31 states that; “Ironically, some of the Convention opponents have, in the ...
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Historical Practice and the Contemporary Debate Over Customary International Law
... relations law and federal jurisdiction by collecting and illuminating—with their usual care and insight—the historical practice of both English and early American courts with respect to the law of ...Common ...
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The Nature of a Passport at the Intersection of Customary International Law and American Judicial Practice
... the international implications of one State impounding a foreign passport by implying that the DHS had a valid interest in ensuring restricted returnability in Onwubiko, it avoided directly considering ...
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The Place of Customary International Law in the Nigerian Legal System – A Jurisprudential Perspective
... The international society thus posits various rules upon which the sovereign states and other subjects of international law may develop in pursuit of the actualization of their ...to ...
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The Customary International Law Supergame: Order and Law
... An important aspect of the structure of the game pertains to the ability to impose sanctions in a discriminatory manner. States may have trouble discriminating in the application of sanctions for several reasons. First, ...
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Modified universalism as customary international law
... transformation of modified universalism to CIL. The transformation of modified universalism to CIL may not take too long in view of the already existing widespread practice in this direction and the extensive traction ...
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The consent of states and customary international law
... of customary law on the matter (perhaps because it did not want to hold that there were no customary rules prohibiting the use of ...the law need to be able to plan their actions in accordance ...
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Tallinn, Hacking, and Customary International Law
... for international relations if the status quo is ...While international law does not set out an explicit burden or standard of proof to meet when one state attributes an act to another state, the ...
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