Legitimacy deficit in custom : towards a deconstructionist theory / Ben Chiagra (University of Leeds).
2018
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Author
Title
Legitimacy deficit in custom : towards a deconstructionist theory / Ben Chiagra (University of Leeds).
Imprint
London : Taylor and Francis, 2018.
Description
1 online resource.
Series
Routledge revivals.
Formatted Contents Note
chapter 1 Juridification of Custom
chapter 2 International Organisation and Custom: From 1920 to Contemporary Perspectives
chapter 3 Legitimacy Deficit in Article 38(1)(b)'s Jurisprudence
chapter 4 Deconstructionism, Normative Theory and Custom
chapter 5 Inauguration of New Norms of Customary Law in the Corfu Channel Case
chapter 6 Custom and State Objection to Nascent Norms of Customary Law
chapter 7 Twining Custom with Treaty - North Sea Continental Shelf Cases
chapter 8 Conclusions.
chapter 2 International Organisation and Custom: From 1920 to Contemporary Perspectives
chapter 3 Legitimacy Deficit in Article 38(1)(b)'s Jurisprudence
chapter 4 Deconstructionism, Normative Theory and Custom
chapter 5 Inauguration of New Norms of Customary Law in the Corfu Channel Case
chapter 6 Custom and State Objection to Nascent Norms of Customary Law
chapter 7 Twining Custom with Treaty - North Sea Continental Shelf Cases
chapter 8 Conclusions.
Summary
"This title was first published in 2001. A discussion of customary international law (CIL). Throughout the study particular values are examined for their potential effect on the legitimacy of the process of custom. The writer argues that, in order to achieve legitimacy enhancing transparency in the process of custom, it must be acknowledged first that the power applied by international tribunals when they inaugurate new norms of customary international law always creates categories of "dominance" and "subservience", "inclusion" and "exclusion". Such an acknowledgement would foster a situation where both the power applied by tribunals and the manner in which it is applied, can legally be scrutinized for excesses that limit first the transparency of the process of custom, and second the legitimacy of norms of customary international law."--Provided by publisher.
Note
First published 2001 by Dartmouth Publishing Company and Ashgate Publishing.
Location
www
Available in Other Form
Print version:
Linked Resources
Alternate Title
Taylor & Francis Online
Language
English
ISBN
9781315196343 (e-book : PDF)
9781351766753 (e-book: Mobi)
9781138717428 (paperback)
9781138717459 (hardback)
9781351766753 (e-book: Mobi)
9781138717428 (paperback)
9781138717459 (hardback)
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