Law-Making in the International Community.
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Superior document: | Developments in International Law Series ; v.15 |
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Place / Publishing House: | Boston : : BRILL,, 1993. ©1993. |
Year of Publication: | 1993 |
Edition: | 1st ed. |
Language: | English |
Series: | Developments in International Law Series
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Physical Description: | 1 online resource (0 pages) |
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Table of Contents:
- Intro
- Title Page
- Copyright Page
- ACKNOWLEDGMENTS
- Table of Contents
- Abbreviations
- INTRODUCTION
- I. THE CONCEPT OF LAW-MAKING
- 1. The need for continuous law-making
- 2. Some preliminary questions of terminology
- 3. Law-making and the "constitution" of the international community
- II. THE CONCEPT OF FORMAL SOURCES
- 1. The importance of the formal criteria of law
- 2. The notion of formal sources
- 3. Article 38(1) of the Statute of the I.C.J. as the basic norm about sources
- III. TREATIES
- 1. General observations. Terminology
- 2. The limits of formlessness in treaty-making
- 3. Treaties and third states
- A. General
- B. Objective regimes
- C. "Global treaties"
- 4. A legislation by reference?
- IV. CUSTOM
- 1. The concept of international custom
- A. General observations
- B. International custom as a law-making process
- C. Basic elements of custom
- 2. International practice
- A. Subjects of practice
- B. Types of acts
- C Requirements of practice
- 3. Opinio juris
- A. The concept of opinio juris
- B. Individual opinio juris
- C. Persistent objectors
- D. New states
- E. General opinio juris
- F. Ascertainment of opinio juris
- 4. Change in customary law
- 5. The need for further clarification of the criteria of custom
- V. INTERRELATIONS BETWEEN TREATY AND CUSTOM
- 1. The importance of treaty and custom
- 2. The interaction of treaty and custom
- A. General
- B. Treaty restatement of custom
- C. "Crystallization" of customary law
- D. The creation of custom on the basis of treaties
- 3. Changing treaty law by custom
- VI. GENERAL PRINCIPLES OF LAW RECOGNIZED BY CIVILIZED NATIONS
- 1. Traditional theories
- 2. Judicial and state practice
- 3. A new theory of "the general principles of law"
- VII. THE PROPOSED REFORMS IN THE FORMAL SOURCES.
- 1. The possibility for change in the system of sources
- 2. The movement toward community-based law-making
- 3. Community consensus
- 4. UN General Assembly resolutions
- VIII. THE CREATION OF JUS COGENS
- 1. Introduction
- 2. Natural law vs. positivism
- 3. The law-making process: The controversy unresolved
- A. The basic question of consent
- B. A new peremptory source of law?
- C. A modification of the traditional sources?
- D. Some tentative conclusions
- 4. Peremptory law-making: Existing experience
- 5. Change in jus cogens
- IX. THE ROLE OF THE INTERNATIONAL COURT OF JUSTICE
- 1. Judicial decisions as subsidiary means for the determination of rules of law
- 2. The I.C.J. and jus cogens
- X. SOME ISSUES OF PROCEDURE AND LAW-MAKING POLICY
- 1. The choice of law-making arenas
- 2. Consensus as negotiating and decision-making technique
- 3. Global negotiations and package deals
- 4. Anticipatory regulation
- CONCLUDING REMARKS
- Table of cases
- List of treaties
- List of resolutions
- Bibliography
- INDEX.