Customary International Law: A Vehicle on the Road from Istopia to Eutopia?

2018 ◽  
Vol 60 (1) ◽  
pp. 423-449
Author(s):  
Wiebke Staff
Keyword(s):  
International Law ◽  
International Society ◽  
Customary International Law ◽  
The Road ◽  
Legal Nature ◽  
Treaty Law ◽  
On The Road ◽  
The Many ◽  
Normative Considerations

Despite the rather non-legal nature of most classic utopias, law, and also international law, plays a major role in Philip Allott’s work, including ‘Eutopia’. Law not only frames any society, but it can also be the means of changing a society and thus be used as a vehicle on the road from Istopia to Eutopia. In international law, the generally more foundational nature of customary international law (despite the many ongoing uncertainties as to several of its characteristics) as opposed to treaty law allows for the former to be a more convenient vehicle: It is more open to normative considerations and changes, it is more susceptible to influences from actors other than States and maybe even to legislators other than States, and, if need be, it can develop in amazingly short timeframes. Therefore we, the members of the international society, should focus our attention on customary international law and find ways how to steer it safely towards Eutopia.

On the Road to Vienna

2017 ◽  
Author(s):  
Kai Bruns
Keyword(s):  
Cold War ◽  
International Law ◽  
The Road ◽  
Progressive Development ◽  
History Of ◽  
On The Road ◽  
The Cold War ◽  
International Law Commission ◽  
Law Commission

This chapter focuses on the negotiations that preceded the 1961 Vienna Conference (which led to the conclusion of the VCDR). The author challenges the view that the successful codification was an obvious step and refers in this regard to a history of intense negotiation which spanned fifteen years. With particular reference to the International Law Commission (ILC), the chapter explores the difficult task faced by ILC members to strike a balance between the codification of existing practice and progressive development of diplomatic law. It reaches the finding that the ILC negotiations were crucial for the success of the Conference, but notes also that certain States supported a less-binding form of codification. The chapter also underlines the fact that many issues that had caused friction between the Cold War parties were settled during the preparatory meetings and remained largely untouched during the 1961 negotiations.

The Role of Geo-location Technologies

2017 ◽  
Author(s):  
Dan Jerker B. Svantesson
Keyword(s):  
International Law ◽  
Law Reform ◽  
Private International Law ◽  
Current Effect ◽  
Public International Law ◽  
The Road ◽  
On The Road

This chapter explores the role geo-location technologies may play on the road towards achieving jurisdictional interoperability. The relevant technologies involved are introduced briefly, their accuracy examined, and an overview is provided of their use, including the increasingly common use of so-called geo-blocking. Attention is then given to perceived and real concerns stemming from the use of geo-location technologies and how these technologies impact international law, territoriality, and sovereignty, as well as to the role these technologies may play in law reform. The point is made that the current ‘effect-focused’ rules in both private international law and public international law (as those disciplines are traditionally defined), are likely to continue to work as an incentive for the use of geo-location technologies.

Some Reflections on the Theory of Sources of International Law: Re-examining Customary International Law

2018 ◽  
Vol 51 (3) ◽  
pp. 485-502 ◽  
Author(s):  
Ezequiel Heffes
Keyword(s):  
International Law ◽  
Customary International Law ◽  
Cambridge University ◽  
Exponential Increase ◽  
Legal Nature ◽  
Long Time ◽  
Current Value ◽  
Legislative Model ◽  
Complex Features ◽  
Definition Of

This review explores certain challenges related to the notion of customary international law. It seems that it was a long time ago when international law academics and practitioners ever thought that the nature of this source was a well-settled topic. Nowadays international lawmaking processes involve an extraordinary number of interactions, taking place both formally and informally. Such complex features are reflected by an exponential increase in the scholarly study of international legal sources. The legal nature, its applicability and principles regulating customary international law are addressed in the book under review (Brian D Lepard (ed), Reexamining Customary International Law (Cambridge University Press 2017)) through several topical essays. The chapters offer a comprehensive analysis of these lawmaking processes and the challenges they portray from various perspectives and in various fields, such as: What is customary international law and why is it law? Is it law because it reflects a ‘global legislative’ model? What is the current value of the persistent objector theory? Is the two-element definition of customary international law still applicable? By meticulously addressing these and other inquiries, the book presents novel arguments and represents a stimulating addition to the literature on sources of international law.

scholarly journals Unmuddying the Waters: Evaluating the Legal Basis of the Human Right to Water Under Treaty Law, Customary International Law, and the General Principles of Law

2020 ◽  
pp. 455
Author(s):  
Ndjodi Ndeunyema
Keyword(s):  
International Law ◽  
Reflective Equilibrium ◽  
Human Right ◽  
Customary International Law ◽  
Cultural Rights ◽  
Treaty Law ◽  
Sliding Scale ◽  
General Principles Of Law ◽  
Water Provision ◽  
The Right

This article evaluates the existence of a freestanding, general human right to water under each of the three principal sources of international law: treaty, customary international law, and the general principles of law. To date, the right to water has been derived from treaty law, most prominently as part of the right to an adequate standard of living in article 11 of the International Covenant on Economic, Social and Cultural Rights (as implied by General Comment 15 to the ICESCR). The potential importance of a non-treaty based right to water––as a matter of customary international law or a general principle of law––is that it would bind all states, including states that are not parties to treaties with right to water provisions. Therefore, this article evaluates the state practice and opinio juris elements of custom supporting a right to water. Recognizing the disputed nature of how these two elements generally interact to crystallize into a customary norm, the article considers the problem using two distinct methodological approaches: the sliding scale approach and the reflective equilibrium approach. Finally, the paper considers whether a right to water is supported by the general principles of law. Although the right to water is not directly created by the general principles of law, the principles can nevertheless be applied to develop states’ positive and negative obligations for water provision.

scholarly journals The European Union and the Law of Treaties: A Fruitful Relationship

2019 ◽  
Vol 30 (3) ◽  
pp. 721-751
Author(s):  
Paz Andrés Sáenz De Santa María
Keyword(s):  
European Union ◽  
International Law ◽  
International Organizations ◽  
The European Union ◽  
Provisional Application ◽  
Frequent Use ◽  
Starting Point ◽  
Legal Nature ◽  
Treaty Law ◽  
Treaty Interpretation

Abstract This article examines the European Union’s (EU) treaty practice from the perspective of the international law of treaties, focusing on its most significant examples. The starting point is the EU’s attitude towards the codification of treaty law involving states and international organizations. The article discusses certain terminological specificities and a few remarkable aspects, such as the frequent use of provisional application mechanisms as opposed to much less use of reservations, the contributions regarding treaty interpretation, the wide variety of clauses and the difficulties in determining the legal nature of certain texts. The study underlines that treaty law is a useful instrument for the Union and is further enriched with creative contributions; the outcome is a fruitful relationship.

Jurisdiction and Applicable Law

2012 ◽  
Vol 25 (2) ◽  
pp. 471-479 ◽  
Author(s):  
JAMES R. CRAWFORD
Keyword(s):  
International Law ◽  
Related Question ◽  
Customary International Law ◽  
Applicable Law ◽  
International Court ◽  
The Us ◽  
Treaty Law ◽  
Multilateral Treaty

AbstractThis article provides a reappraisal of the International Court of Justice's approach to jurisdiction and applicable law inNicaragua, 25 years later. In the first phase of the proceedings arising from the US support of the activities of the Contras against the Sandinista government, the Court robustly asserted its jurisdiction despite the US reliance on its multilateral treaty reservation and the subsequent attempted modification of its Optional Clause declaration. At the same time, the Court approached the related question of applicable law with a wide, if not effusive, reliance on multilateral customary international law operating conjunctively with treaty law. The Court's dismissal of negotiations as a procedural precondition for invoking its jurisdiction inNicaraguais contrasted with its recent findings inGeorgiav.Russia.

On the Evidence of U.S. Treaty Law

1972 ◽  
Vol 7 (3) ◽  
pp. 361-367
Author(s):  
Salo Engel
Keyword(s):  
International Law ◽  
National Level ◽  
General Interest ◽  
International Level ◽  
Customary International Law ◽  
Treaty Law ◽  
The Status ◽  
The Creation ◽  
International Law Commission ◽  
Law Commission

According to Article 24 of its Statute, the International Law Commission “shall consider ways and means for making the evidence of customary international law more readily available”. The existence of such law is indeed difficult to prove even at the national level; how much more so in the international sphere. This, however, should not mislead one to think that there are no problems with regard to treaty law. On the international level it may not be too difficult to determine whether a treaty exists on a particular question, but information about the exact status of the treaty (its entry into force, the parties thereto, the amendments thereof, etc.) in most cases is not easily available. Wherefore, I proposed many years ago the creation of an International Legislation Register which would contain up-to-date information at least about the status of multi-partite treaties of general interest.

scholarly journals "Platinum on the road": Interactions of antitumoral cisplatin with proteins

2008 ◽  
Vol 80 (12) ◽  
pp. 2715-2725 ◽  
Author(s):  
Fabio Arnesano ◽  
Giovanni Natile
Keyword(s):  
Biological Activity ◽  
Antitumor Activity ◽  
Cell Membrane ◽  
The Road ◽  
Specific Proteins ◽  
On The Road ◽  
The Many

When the antitumor activity of cisplatin was discovered, no one would have thought of the existence of specific proteins able to transport Pt across the cell membrane or to specifically recognize DNA modified by this drug. However, such proteins do exist and, furthermore, are specific for the Pt substrate considered. It follows that proteins are deeply involved in managing the biological activity of cisplatin. It is expected that, after the first 20 years in which most of the efforts were devoted to understanding its mode of interaction with DNA and consequent structural and functional alterations, the role of proteins will be more deeply scavenged. How cisplatin can survive the attack of the many platinophiles present in the extracellular and intracellular media is the issue addressed in this article. Significantly, differences are observed between cisplatin, carboplatin, and oxaliplatin.

United States v. Dire

2013 ◽  
Vol 107 (3) ◽  
pp. 644-649 ◽  
Author(s):  
Eugene Kontorovich
Keyword(s):  
United States ◽  
International Law ◽  
International Crime ◽  
Customary International Law ◽  
Court Of Appeals ◽  
Law Of Nations ◽  
The World ◽  
Treaty Law ◽  
The Law ◽  
The U.S

In the first criminal piracy decision by a United States court in nearly a century, the U.S. Court of Appeals for the Fourth Circuit ruled that the federal piracy statute’s reference to the “law of nations” explicitly ties the scope of the offense to evolving customary international law definitions of the crime. The court went on to find that under current customary and treaty law, attempted piracy falls within the scope of the international crime. In doing so, it joined several courts in nations around the world that have confronted the issue as a result of the outbreak of Somali piracy that began in 2008.

scholarly journals IoT Protocol for Accident Spotting with Medical Facility

2021 ◽  
Vol 3 (2) ◽  
pp. 140-150
Author(s):  
Prachu J. Patil ◽  
Ritika V. Zalke ◽  
Kalyani R. Tumasare ◽  
Bhavana A. Shiwankar ◽  
Shivani R. Singh ◽  
...  
Keyword(s):  
Vibration Sensor ◽  
Second Phase ◽  
The Road ◽  
Detection Model ◽  
Vehicle Accident ◽  
The World ◽  
Detection Stage ◽  
On The Road ◽  
The Many ◽  
Accident Detection

One of the many challenges that the world faces is traffic hazard. The major cause of this traffic risk is the presence of a huge number of vehicles on the road. As a result, it generates the most challenging issues, leading to an increase in the death toll due to road accidents that occur throughout the world. As a result, it necessitates the need to provide adequate transportation facilities, which will reduce the number of collisions and save human lives. The GPS, GSM, accelerometer, Arduino UNO technology, and vibration sensor are used to design and develop a vehicle accident detection model. The proposed approach is classified into three stages to prevent and detect the vehicular accidents. At the detection stage, a vibration sensor will be utilized to determine the position of the accident and to alert the user by sending SMS via the GSM module, which will include the user's data stored in Android applications. This data will be taken from the GPS module. The second phase occurs when moderate accidents occur and in such situation, the location will be detected by using a GPS module. After that, the nearby hospital receives a message about the accidents and accordingly they provide services to the accidents. At the same time, after detecting the location, a patient receives a message from the hospital urging them to take precautions. .

Sign in / Sign up

Export Citation Format

Share Document