The Rule of Law and Customary Law
Case Law as an Authoritative Source of Customary Law: Piecemeal Recording of (Living) Customary Law?
... "[i]ndigenous law, like common law, shall be recognised and applied by the ...common law and indigenous law were from now on to be treated ...common law and indigenous law in the ...
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The consent of states and customary international law
... ten-mile rule has been adopted by certain ...no rule of custom, so that it may not have been surprising that it appears to have phrased the requirement ...of customary law on the matter ...
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Principle of Legality and Its Relation with Customary Law in International Criminal Law
... case law of the ICTY and the ICTR, and in the ICC Statute, illustrate that the components of the principle can be considered as follows(Werle, and Jessberger, 2014): Prohibition of retroactivity; the rule ...
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Decolonisation and Teaching Law in Africa with Special Reference to Living Customary Law
... since customary law is inherently flexible with the ability to permit compromise settlements, courts should introduce into the system those principles that the official system of succession ...primogeniture ...
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The Identification of Customary Rules in International Criminal Law
... criminal law and the obstacles in the evaluation of the ...identifying customary rules in international criminal ...a customary rule of ...criminal law. It means that once sufficient ...
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Study on Customary International Humanitarian Law: A Contribution to the Understanding and Respect for the Rule of Law in Armed Conflict
... The opinions shared in this paper are those of the author and do not necessarily reflect the views and opinions of the U.S.. Naval War College, the Dept[r] ...
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The Customary International Law Supergame: Order and Law
... In the CIL game, there are five important distinctions from the assumptions of non-cooperative game theory in general, and the prisoner’s dilemma in particular. First, the players can communicate with one another, and ...
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Finding Customary International Law
... The answer will carry real significance, both for litigants and U.S. foreign relations. As the preceding examples illustrate, the contours of CIL can dictate whether victims are entitled to compensation from perpetrators ...
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2(4) of the UN Charter and under the corresponding customary rule of international law
... 3.5. Did Russia Violate Its Obligations under the Law of Diplomatic Relations? 4. Concluding Remarks 1. Introduction It is an understatement to say that the downing of a russian sukhoi su-24 military jet by the ...
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Management of Large Marine Ecosystems: Developing a New Rule of Customary International Law
... waters, including the habitat of a fishery. The Proclamation is based on the fact that "international law recognizes that in a zone beyond its territory and adj[r] ...
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Modified universalism as customary international law
... “The customary process is in fact a continuous one, which does not stop when the rule has emerged ...the rule has ‘emerged,’ every act of compliance will strengthen it, and every violation, if ...
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Customary international law and human rights
... of customary international law and human rights treaties should be ...conventions, customary international law may run in ...a customary international law of human rights, not ...
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Is “customary law” law?
... This leaves us with the idea that it is possible for there to be conflict of practices in certain countries of the world, between relativism and universalism as alternative approaches. More so, the possibility 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 adherence ...
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Is General International Law Customary Law Only?
... As treaties are in principle binding upon die contracting parties, and there is no treaty concluded by or adhered to by all die states of the world, there U only customary, not conventio[r] ...
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The Rule of Law as a Law of Law
... governing law. The Constitution is part of that governing law, and indeed is, according to its own terms, hierarchically superior to all com- peting sources of ...supreme law a standard, it is hard ...
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Family Law- Customary Divorce
... The customary divorces may still be obtained through the agency of gram panchayats or caste tribunal or caste panchayats, by private act of parties, orally or in writing, or under an agreement, oral or ...Hindu ...
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Customary law before the Conquest
... Though there had been a lack of coin in Britain since the Romans left, by Aethelberht’s time that technology was also to hand, which reduced but did not remove the difficulties of assessment. What his collection of dooms ...
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Tribal Customary Law in Jordan
... In theory, the law of Jordan applies equally to all Jordanians, including the Bedouin. In practice, the Jordanian legal system defers to the tribal customs and laws in most situations involving only Bedouin if all ...
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The Nagoya protocol and customary law : the paradox of narratives in the law
... take customary law into account in accordance with domestic ...extent customary law will be taken into ...the law is confronted with a site of struggle will help to unravel the extent ...
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