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Topic: Customary international law

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	International law - Open Encyclopedia (Site not responding. Last check: 2007-10-21)
		International treaty law is comprised of obligations states expressly and voluntarily accept between themselves in treaties.
		International Customary Law is derived from a consistent practice of States accompanied by the so-called opinio juris, i.e.
		Though states (or increasingly, international organizations) are usually the only ones with standing to address a violation of international law, some treaties, such as the International Covenant on Civil and Political Rights have an optional protocol that allows individuals who have had their rights violated by member states to petition the international Human Rights Committee.
	open-encyclopedia.com /International_law (1808 words)

	Customary international law - Wikipedia, the free encyclopedia
		In other words, customary international law must be derived from a clear consensus among states, as exhibited both by widespread conduct and a discernible sense of obligation.
		Customary international law can therefore not be declared by a majority of States for their own purposes; it can be discerned only through actual widespread practice.
		For example, laws of war were long a matter of customary law before they were codified in the Geneva Conventions and other treaties.
	en.wikipedia.org /wiki/Customary_international_law (340 words)

	LII: Law about...International Law
		International Law, which is in most other countries referred to as Public International Law, concerns itself only with questions of rights between several nations or nations and the citizens or subjects of other nations.
		Recently the customary law was codified in the Vienna Convention on the Law of Treaties.
		International law is a part of the law of the United States only for the application of its principles on questions of international rights and duties.
	www.law.cornell.edu /topics/international.html (869 words)

	International Customary Law and Antipersonnel Landmines: Emergence of a New Customary Norm, Landmine Monitor Report 1999
		Once a rule attains the status of customary international law, states may not unilaterally repudiate it,9 and newly emerging states will be deemed to accede to the rule as a condition of statehood.
		The Court decided that there was customary law against intervention although many states had intervened in others’ affairs, because the intervening states had not “justified their conduct by reference to a new right of intervention or a new exception to the principle of its prohibition.”35
		A powerful argument can be made that customary international law will have crystallized on the issue when China, Russia, and the United States, the three remaining major users of landmines, subscribe to the ban against them, or, at least, when those states cease to defend their use of the weapons.
	www.icbl.org /lm/1999/appendices/custom_law.html (6137 words)

	Daniel H. Joyner, A Normative Model for the Integration of Customary International Law into United States Law, 11 Duke ... (Site not responding. Last check: 2007-10-21)
		Traditionally, customary international law has covered areas of international law such as the laws pertaining to territory, immunities, the law of the sea, and the use of force by one State against another.
		In holding that customary international law was part of federal common law, the court established the ATS as constitutional in granting jurisdiction under one of the established jurisdictional categories of Article III of the Constitution.
		The states can enact customary international law into their state law and interpret it in their courts, and the federal courts are obliged to follow the state's interpretation of customary international law on issues where no other federal law is on point.
	www.law.duke.edu /journals/djcil/articles/DJCIL11P133.HTM (8386 words)

	Palestinian Refugees and the Right of Return: An International Law Analysis (Site not responding. Last check: 2007-10-21)
		The law of state succession applies whenever one state (a predecessor state) is followed in the international administration of a geographical territory by another state (the successor state).
		In the case of Palestinian refugees, the predecessor state was the embryonic state of Palestine[15] for which, under international law, the British Mandate for Palestine constituted a “stand-in,” “custodian” or “guarantor,” and was succeeded, in part, by the state of Israel.
		Under refugee law, the principle of refugees’ absolute right of return on a voluntary basis to their place of origin (including to their homes of origin) is central to the implementation of durable solutions designed by the international community to address refugee flows.
	www.palestine-pmc.com /details.asp?cat=3&id=467 (6790 words)

	Customary International Humanitarian Law
		Whereas treaties are written conventions, customary international law derives from the practice of states and is unwritten.
		Treaty law applicable to non-international armed conflict is limited to common article 3 of the four Geneva Conventions and the few articles of Additional Protocol II which contain only a very rudimentary regulation of the conduct of hostilities and humanitarian relief operations for example.
		Third, in order to determine which treaty law applies to a particular conflict, a prior characterization of the conflict as international or non-international is required and this is often difficult or subject to dispute.
	www.redcross.int /EN/mag/magazine2005_2/24-25.htm (1298 words)

	Fordham Law Review
		Tyson, [FN13] customary international law came to be treated as part of the "general common law," assertable in both State and federal courts, but not specifically federal in character.
		"International law," wrote Justice Gray, "is part of our law, and must be ascertained and administered by the courts of justice of appropriate jurisdiction, as often as questions of right depending upon it are duly presented for their determination." [FN16]
		City of New York, [FN36] involved the immunity of a consulate from taxation, an issue of foreign state immunity that is governed by customary international law in the absence of a treaty.
	www.law.berkeley.edu /faculty/yooj/courses/forrel/reserve/neuman.htm (6439 words)

	ipedia.com: Custom (law) Article (Site not responding. Last check: 2007-10-21)
		In international law, customary law refers to the Law of Nations or the legal norms that have developed through the customary exchanges between states over time, whether based on diplomacy or aggression.
		Some principles of customary law have achieved the force of peremptory norms, which cannot be violated or altered except by a norm of comparable strength.
		Customary international law can be distinguished from treaty law, which consists of explicit agreements between nations to assume obligations.
	www.ipedia.com /custom__law_.html (290 words)

	Abolish the Death Penalty
		A country that sentences a child offender to death or executes them is violating international law in three ways: (i) it is violating its treaty obligations; (ii) it is violating customary international law; and (iii) it is violating a peremptory norm of international law (jus cogens).
		The Vienna Convention on the Law of Treaties defines a norm of jus cogens as “a norm accepted and recognized by the international community of States as a whole as a norm from which no derogation is permitted and which can be modified only by a subsequent norm of international law having the same character”.
		The Commission considered the case and concluded that “a norm of international customary law has emerged prohibiting the execution of offenders under the age of 18 years at the time of their crime” and that “this rule has been recognized as being of a sufficiently indelible nature to now constitute a norm of jus cogens”.
	www.amnestyusa.org /abolish/juveniles/ilaw.html (600 words)

	E Law: Deep Sea-Bed Mining Under Customary International Law
		Similarly, state parties to the Law of the Sea Convention 1982, in association with the Authority, and state enterprises or natural or juridical persons which possess the nationality of state parties or are effectively controlled by them or their nationals, when sponsored by such states may exploit the Area in association with the Authority.
		In the S.S. Lotus case (cited in almost every standard text on international law), it was held that restrictions on the exercise of maritime jurisdiction must be established 'by the most conclusive evidence.' The US has relied on this position in their interpretation of the High Seas Convention.
		Under the Law of Treaties Convention 1969, non-state parties to a treaty may accept to be regulated by provisions of a particular treaty, and so states that are not parties to the Law of the Sea Convention 1982 can benefit from the adoption of this position.
	www.murdoch.edu.au /elaw/issues/v7n2/mwenda72.html (3923 words)

	IFLR: Customary International Law
		Baltic Yearbook of International Law (The Hague: Kluwer Law International, 2002-) [KJ5.B35].
		International Criminal Tribunal for the Former Yugoslavia (ICTY) .
		International Tribunal for the Law of the Sea (ITLOS)
	www.law.berkeley.edu /library/classes/iflr/customary.html (3884 words)

	OpinionJournal - Extra
		The first Congress contemplated the law of nations as it stood and could not have foreseen the explosive growth of "customary international law" in the 20th and 21st centuries.
		Offenses against the Law of Nations." That, he wrote, "makes it abundantly clear that Congress--not the Judiciary--is to determine, through legislation, what international law is and what violations of it ought to be cognizable in the courts.
		Courts also look to the writings of scholars for evidence of what international law is. Compared with 1789, we now have a plethora, one might say a surfeit, of professors of international law, and they, by and large, support the notion that the law of nations deals with individuals and corporations as well as nations.
	www.opinionjournal.com /extra?id=110003659 (1215 words)

	Is General International Law Customary Law Only? (Site not responding. Last check: 2007-10-21)
		The main innovation in the relationship between general, customary and conventional international law lies in the appearance of general multilateral treaties as a new type of multilateral treaty.
		In the course of drafting articles on the law of treaties in the years 1962-1966 the UN International Law Commission felt that there was something new and important in the law of treaties, but at first it was not clear what it was.
		Primarily as a result of the codification and progressive development of international law, a number of general multilateral treaties have become or are becoming part of general international law.
	www.ejil.org /journal/Vol4/No4/art4-02.html (1138 words)

	Is General International Law Customary Law Only? (Site not responding. Last check: 2007-10-21)
		The decade of international law proclaimed by the United Nations General Assembly testifies that the international community is aware of an urgent need for further progressive development of international law, and that measures need to be taken to ensure its effectiveness.
		This means first of all the further development of general international law, which is the foundation of the whole system of international law.
		The problem is whether we should rely on the development of general international law by custom only, or if it may also be achieved by multilateral treaties.
	www.ejil.org /journal/Vol4/No4/art4.html (336 words)

	IMC: Customary International Law
		Article 38 of the International Court of Justice Statute, customary international law and general principles of law are two sources of international law.
		To international lawyers, ‘the practice of states' means official governmental conduct reflected in a variety of acts, including official statements at international conferences and in diplomatic exchanges, formal instructions to diplomatic agents, national court decisions, legislative measures or other actions taken by governments to deal with matters of international concern."
		Article 38 also mentions "judicial decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law." These are not authorities, rather they are evidence of the sources of international law.
	www.ll.georgetown.edu /intl/imc/othersourcesguide.html (2732 words)

	customary law
		Customary law is recognized, not because it is backed by the power...
		Customary Law with Private Means of Resolving Disputes and...
		Customary Law with Private Means of Resolving Disputes and Dispensing Justice: A Description of a Modern System of Law and Order without State Coercion by...
	www.jointctr.org /?Category=customary%20law (584 words)

	Conference/Agenda: CUSTOMARY INTERNATIONAL HUMANITARIAN LAW: CHALLENGES, PRACTICES AND DEBATES (Site not responding. Last check: 2007-10-21)
		Jean-Marie Henckaerts, Legal Advisor, International Committee of the Red Cross (ICRC) and co- director of the ICRC Study on International Humanitarian Law; Professor Michael Bothe, Law Faculty, Frankfort University; Professor Claude Emanuelli, Law Faculty, University of Ottawa 10:30 a.m.
		The panellists are experts in international criminal law, and will draw on their own experiences to examine the interaction between customary law and international criminal tribunals.
		This workshop will consider the impact of customary law on their mandates, advocacy efforts, and operations in the field as well as their role in the formation and in the ascertainment of customary international law.
	www.ssrn.com /update/lsn/lsnann/ann049.html (1037 words)

	SSRN-A Theory of Customary International Law by Jack Goldsmith, Eric Posner
		States do not comply with norms of CIL because of a sense of moral or legal obligation; rather, their compliance and the norms themselves emerge from the states' pursuit of self interested policies on the international stage.
		We find that most purported rules of CIL reflect pure coincidence of interest, rather than international cooperation, and that the rest are best explained as the outcome of repeated bilateral prisoner's dilemmas or coercion analogous to the behavior of the monopolist in predatory pricing games.
		We conclude by examining the implications of our analysis for understanding the role of CIL in domestic constitutional arrangements, the function of international treaties and international organizations, and the status of modern international human rights law.
	papers.ssrn.com /sol3/papers.cfm?abstract_id=145972 (468 words)

	war crime -- Encyclopædia Britannica
		in international law, serious violation of the laws or customs of war as defined by international customary law and international treaties.
		During World War II three types of offenses against the law of nations were stated by the Allied powers.
		The international war crimes tribunal established in 1993 also prosecuted war crimes committed in the African nation of Rwanda during a bloody civil war in 1994.
	www.britannica.com /eb/article?tocId=9076077&ref=news0505ARC (880 words)

	Customary International Law and Treaties
		Effects of a Convention on Pre-Existing Customary International Law.
		Modification of Conventional Rules by Subsequent Customary Law.
		`Customary International Law and Treaties tests new approaches to the making of international law, incorporating each into structural systems.
	www.brill.nl /product.asp?ID=20195 (201 words)

	Duke Law Journal: Rational custom.(Customary International Law)@ HighBeam Research (Site not responding. Last check: 2007-10-21)
		Customary international law is understood to require that state practices be followed from a sense of legal obligation, though international lawyers have long puzzled over how those obligations come into being.
		Recent work applying rational choice theory suggests, unsettlingly, that the entire inquiry is misconceived: practices commonly attributed to obligations are merely behavioral regularities that arise from intersecting state interests, and the role of legal obligations is minimal at best.
		The above preview is from Duke Law Journal, December 1, 2002.
	www.highbeam.com /library/doc0.asp?DOCID=1G1:102105769&refid=holomed_1 (206 words)

	International Law :: Contemporary Developments
		International Law Association, Statement of Principles Applicable to the Formation of General Customary International Law
		The Effect of Treaties on Customary International Law
		Lung-Ghu Chen, An Introduction to Contemporary International Law
	www.lawinternational.org /contents2.html (120 words)

	lawarchive - 404 File not Found (Site not responding. Last check: 2007-10-21)
		Duke Law >> Eprints >> 404 File not Found
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	eprints.law.duke.edu /archive/00000024 (60 words)

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