The Theory, Practice, and Interpretation of Customary International Law

Panos Merkouris, Jörg Kammerhofer, Noora Arajärvi

• Publisher: Cambridge University Press
• Year: 2022
• ISBN:
  9781009036047
• Topic: Droit
• Subtopic: Droit international

Although customary international law (CIL) has been central to international law from its inception, it is often misunderstood. This edited volume remedies that problem by tracing the history of CIL and provides an in-depth study of its theory, practice, and interpretation. Its chapters tackle the big questions which surround this source of international law such as: what are the rules that regulate the functioning of CIL as a source of international law? Can CIL be interpreted? Where do lines between identification, interpretation, application, and modification of a rule of CIL lie? Using recent developments, this volume revisits old debates and resolves them by proffering new and innovative solutions. With detailed examples from international and national courts, it places CIL in a range of settings to explain, explore and reflect upon this developing and highly significant field. This title is also available as Open Access on Cambridge Core.

Table of contents

• Cover
• Half-title page
• Series page
• Title page
• Copyright page
• Contents
• List of Contributors
• Preface
• List of Abbreviations
• Table of Cases
• Table of International Treaties, Documents and National Legislation
• Part I The Theory of Customary International Law: Fault Lines and the Need for New Approaches
• Part II Customary International Law as a Source of International Law: Doctrine and History
• Part III The Practice of Customary International Law Across Various Fora: Diversity of Approaches and Actors
• Part IV Interpretation of Customary International Law: Delineating the Stages in Its Life Cycle
• Part V Customary International Law in the Practice of Domestic Courts: What Lessons for International Law?
• Bibliography
• Index