Public International law: customary law Books

Book SynopsisInternational lawyers have long recognised the importance of interpretation to their academic discipline and professional practice. As new insights on interpretation abound in other fields, international law and international lawyers have largely remained wedded to a rule-based approach, focusing almost exclusively on the Vienna Convention on the Law of Treaties. Such an approach neglects interpretation as a distinct and broader field of theoretical inquiry. Interpretation in International Law brings international legal scholars together to engage in sustained reflection on the theme of interpretation. The book is creatively structured around the metaphor of the game, which captures and illuminates the constituent elements of an act of interpretation. The object of the game of interpretation is to persuade the audience that one''s interpretation of the law is correct. The rules of play are known and complied with by the players, even though much is left to their skills and strategies. Trade ReviewThere is much to commend here: the creativity on display, the eclectic range of topics canvassed, the way in which the volume brings together established and emerging scholars from a range of interpretive traditions. This thoughtful collection of essays is a valuable companion for those who face problems of interpretation in international law. * James Crawford, International Court of Justice *Owing to the excellent level of its contributions and original structure, Interpretation in International Law represents a timely and innovative addition to the literature. . . [O]ffering invaluable insight on the nature and implications of interpretive mechanics and strategies, it will undoubtedly assist scholars of international law fascinated with interpretation as well as those interested in more general and systemic issues. * Niccolò Ridi, Kings Law Journal *Interpretation in International Law is an original and thought-provoking edited volume dealing with a challenging issue of international legal theory, an issue that has a bearing on the way international legal interpretation is understood and ultimately conducted. * Odile Ammann, Harvard International Law Journal *This book is a most valuable contribution that will surely be well received and widely quoted. It circles around the metaphor of game playing, which helps to explain many aspects of the interpretative process. Interpretation is a fascinating topic, and I do hope that this well-researched and well-written book prompts further research on interpretation in international law, its theory and its practice. * Christian Djeffal, European Journal of International Law *Interpretation in International Law is explicitly different from much of the existing literature, and because of its perspective the book manages to add something new to that literature ... Its game analogy is an interesting and creative perspective on interpretation in international law ... [T]he different chapters show it can be employed to extract interesting results from practices that have hitherto primarily been analysed from positivist perspectives. * Sondre Torp Helmersen, UCL Journal of Law and Jurisprudence *Table of ContentsPreface by James Crawford Introduction 1: Daniel Peat and Matthew Windsor: Playing the Game of Interpretation: On Meaning and Metaphor in International Law 2: Andrea Bianchi: The Game of Interpretation in International Law: The Players, The Cards, and why the Game is Worth the Candle The Object 3: Iain Scobbie: Rhetoric, Persuasion, and the Object of Interpretation in International Law 4: Duncan B Hollis: The Existential Function of Interpretation in International Law 5: Jean d'Aspremont: The Multidimensional Process of Interpretation: Content-Determination and Law-Ascertainment Distinguished The Players 6: Andraz Zidar: Interpretation and the International Legal Profession: Between Duty and Aspiration 7: Michael Waibel: Interpretive Communities in International Law 8: Gleider Hernández: Interpretative Authority and the International Judiciary The Rules 9: Eirik Bjorge: The Vienna Rules, Evolutionary Interpretation, and the Intentions of the Parties 10: Julian Arato: Accounting for Difference in Treaty Interpreation Over Time 11: Anne-Marie Carstens: Interpreting Transplanted Treaty Rules The Strategies 12: Fuad Zarbiyev: A Genealogy of Textualism in Treaty Interpretation 13: Harlan Grant Cohen: Theorizing Precedent in International Law 14: René Provost: Interpretation in International Law as a Transcultural Project Playing the Game of Game-Playing 15: Jens Olesen: Towards a Politics of Hermeneutics 16: Martin Wählisch: Cognitive Frames of Interpretation in International Law 17: Ingo Venzke: Is Interpretation in International Law a Game? Conclusion 18: Philip Allott: Interpretation- an Exact Art

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Book SynopsisIn international law, the customs defining the obligations of States are often treated as legally binding. A distinguished group of philosophers, historians and lawyers assess the nature and significance of customary law, and offer fresh insights on this neglected and misunderstood form of law.Trade Review'… an important collection of essays, which explores some of the ambiguities in and difficulties with the concept of customary law. … this is an important book exploring a variety of dimensions of a neglected topic.' Edinburgh Law Review'It is decidedly the most notable and the most accomplished project in recent years.' Joerg Kammerhofer, Global Law BooksTable of ContentsList of contributors; Table of cases; The character of customary law: an introduction Amanda Perreau-Saussine and James Bernard Murphy; Part I. Custom and Morality: Natural Law, Customary Law, And Ius Gentium: 1. Pitfalls in the interpretation of customary law Frederick Schauer; 2. The moral role of conventions Ross Harrison; 3. Habit and convention at the foundation of custom James Bernard Murphy; 4. Custom, ordinance and natural right in Gratian's 'Decretum' Jean Porter; 5. Vitoria and Suarez on Ius Gentium, natural law, and custom Brian Tierney; 6. Custom and positivity: an examination of the philosophic ground of the Hegel-Savigny controversy Christoph Kletzer; Part II. Custom and Law: Custom, Common Law, and Customary International Law: 7. Custom in medieval law David Ibbetson; 8. Siege warfare in the early modern age: a study on the customary laws of war Randall Lesaffer; 9. The idea of common law as custom Alan Cromartie; 10. Three ways of writing a treatise on public international law: textbooks and the nature of customary international law Amanda Perreau-Saussine; 11. Custom, common law reasoning and the law of nations in the nineteenth century Michael Lobban; 12. Custom in international law: a normative practice account Gerald J. Postema; 13. Customary international law and the quest for global justice John Tasioulas; Index of names.

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Book SynopsisCustomary law has been the subject of intense debate and the issues arising from the intersection of customs and the law are far from settled. This volume, separated into three parts brings together seminal work from scholars in law, economics and history. The first section analyses various perspectives on the history of customary law. Part two focuses on the commercial customary law and includes a number of case studies covering the role and limits of customary systems in a variety of commercial settings. The final section explores the role of custom in international law from a variety of legal and economic perspectives.Along with an original introduction by Professors Bernstein and Parisi, this valuable collection will be of interest to scholars, practitioners and academics with an interest in this diverse and interdisciplinary field. Table of ContentsContents: Acknowledgements Introduction Lisa Bernstein and Francesco Parisi PART I CUSTOMARY LAW: HISTORICAL ILLUSTRATIONS 1. Bruce L. Benson (1989), ‘The Spontaneous Evolution of Commercial Law’ 2. Emily Kadens (2012), ‘The Myth of the Customary Law Merchant’ 3. Leon E. Trakman (1983), ‘The Medieval Law Merchant’ 4. Daniel Klerman (2009), ‘The Emergence of English Commercial Law: Analysis Inspired by the Ottoman Experience’ 5. Avner Greif, Paul Milgrom and Barry R. Weingast (1994), ‘Coordination, Commitment, and Enforcement: The Case of the Merchant Guild’ 6. Paul R. Milgrom, Douglass C. North and Barry R. Weingast (1990), ‘The Role of Institutions in the Revival of Trade: The Law Merchant, Private Judges, and the Champagne Fairs’ PART II COMMERCIAL CUSTOMARY LAW: CONTEMPORARY ILLUSTRATIONS 7. Janet T. Landa (1981), ‘A Theory of the Ethnically Homogeneous Middleman Group: An Institutional Alternative to Contract Law’ 8. Lisa Bernstein (1992), ‘Opting out of the Legal System: Extralegal Contractual Relations in the Diamond Industry’ 9. Lisa Bernstein (1996), ‘Merchant Law in a Merchant Court: Rethinking the Code’s Search for Immanent Business Norms’ 10. Eric A. Feldman (2006), ‘The Tuna Court: Law and Norms in the World’s Premier Fish Market’ 11. Robert D. Cooter (1994), ‘Structural Adjudication and the New Law Merchant: A Model of Decentralized Law’ 12. Lisa Bernstein (2001), ‘The Questionable Empirical Basis of Article 2’s Incorporation Strategy: A Preliminary Study’ 13. Robert C. Ellickson (1989), ‘A Hypothesis of Wealth-Maximizing Norms: Evidence from the Whaling Industry’ PART III INTERNATIONAL CUSTOMARY LAW 14. Eric A. Posner and Alan O. Sykes (2013), ‘Customary International Law’ 15. Jack L. Goldsmith and Eric A. Posner (1999), ‘A Theory of Customary International Law’ 16. Jack L. Goldsmith and Eric A. Posner (2000), ‘Understanding the Resemblance Between Modern and Traditional Customary International Law’ 17. Eugene Kontorovich (2006), ‘Inefficient Customs in International Law’ 18. Vincy Fon and Francesco Parisi (2009), ‘Stability and Change In International Customary Law’ 19. Curtis A. Bradley and Mitu Gulati (2009), ‘Withdrawing from International Custom’ 20. Francesco Parisi and Vincy Fon (2009), ‘Customary Law and Articulation Theories’

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Book SynopsisThis global primer surveys international initiatives on traditional knowledge, folklore, cultural heritage and genetic resources, and describes in a comprehensive manner regional and national principles of protection in Asia, Europe, Africa, Oceania, the Middle East, the United States and the Americas. The most innovative parts of the book discuss three key approaches. First, the book highlights the relevance of customary law, describes how it is recognized and applied in legal systems and assesses its effectiveness as an enforcement mechanism. Second, through selected cases, the book illustrates the problem of biopiracy to which the disclosure requirement has been proposed as a policy response. It traces the origins of the disclosure requirement to instruments developed jointly by WIPO and UNESCO. Third, the book proposes a novel approach to protecting traditional knowledge premised on the principle of reciprocity and the use of mutual recognition agreements (MRAs) and assesses the scope of such MRAs. Libraries and universities will find this work is an invaluable resource for scholars and researchers. The material will also be important for government officials and organizations developing policy. Furthermore, the information available in these pages can empower indigenous peoples and local communities looking to promote awareness and protect traditional knowledge. Trade Review'Kuruk, one of the foremost scholars in intellectual property law, provides a very comprehensive and ground-breaking account of various international, regional and national initiatives and frameworks for the protection of traditional knowledge. This is a must-read and indispensable resource for IP law professors, students and practicing IO/NGO lawyers.' --Edward Kwakwa, World Intellectual Property Organization'Paul Kuruk has been a respected commentator and actor on the emerging law of traditional knowledge for two decades. This book's scope is breathtaking, covering all of the institutions involved in the subject and at all levels from global to local. Its comprehensiveness, and its informed analysis of the state of the art, makes it an essential text for students, teachers, and policymakers.' --Graham Dutfield, University of Leeds, UK'For more than two decades, Paul Kuruk has actively engaged in the academic and policy debates on traditional knowledge and intellectual property. Building on his lifelong work, this comprehensive, informative and globally oriented primer makes a complex and contentious debate accessible. The book not only explains why traditional knowledge deserves protection, but helps us understand the myriad international efforts, domestic laws, customary practices and reform proposals.' --Peter K. Yu, Texas A&M University, USTable of ContentsContents: INTRODUCTION PART I NATURE OF SUBJECT MATTER AND COMMUNITY EXPECTATIONS 1. Terminology 2. Exploitation of Traditional Knowledge to Indigenous and Local Communities 3. Traditional Knowledge and Intellectual Property Rights PART II INTERNATIONAL INITIATIVES 4. International Intellectual Property Law 5. Folklore, Cultural Heritage and Traditional Knowledge 6. Genetic Resources and Biodiversity Conservation 7. Human Rights and Indigenous Peoples PART III REGIONAL AND NATIONAL MEASURES 8. Emerging Trends of Protection in Africa 9. Perspectives from the United States 10. Views from Oceania 11. Developments in Other Regions PART IV IN SEARCH OF SOLUTIONS 12. Complementary Laws and Policies 13. The Customary Law Option 14. Preventing Misappropriation: The Disclosure Requirement 15. Reciprocity and Mutual Recognition Agreements Index

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Book SynopsisInternational custom "as evidence of a general practice accepted as law", is considered one of the two main sources of international law as it primarily derives from the conduct of sovereign States, but is also closely connected with the role of the international judge when identifying the applicable customary rule, a function it shares with the bodies in charge of its codification (and progressive development), starting with the International Law Commission. Though mainly considered to be general international law, international custom has a complex relationship with many specific fields of law and specific regions of the world. The editor provides comprehensive research published in the last seven decades, invaluable to everyone interested in the field of customary international law.Table of ContentsContents: Acknowledgements Introduction Pierre-Marie Dupuy PART I INTERNATIONAL CUSTOM AS A SOURCE OF LAW [215 pp] 1. W. Michael Reisman (1987), ‘The Cult of Custom in the Late 20th Century’, California Western International Law Journal, 17, 133–45 [13] 2. Michel Virally (1968), ’The Sources of International Law’, in Max Sørensen (ed.), Manual of Public International Law, Chapter 3, London, UK: Macmillan and Co. Ltd, 130–44 [15] 3. Eduardo Jiménez de Aréchaga (1988), ‘Custom’, in Antonio Cassese and Joseph H. H. Weiler (eds), Change and Stability in International Law-Making, Part I, Chapter I, Section I (A), Berlin, Germany: Walter De Gruyter and Co., 1–4 [4] 4. Luigi Condorelli (1991), ‘Custom’, in Mohammed Bedjaoui (ed.), International Law: Achievements and Prospects, Part I, Chapter 7, Paris, France: UNESCO and Dordrecht, the Netherlands: Martinus Nijhoff Publishers, 179–211 [33] 5. Jonathan I. Charney (1993), ‘Universal International Law’, American Journal of International Law, 87 (4), October, 529–51 [23] 6. Anthony D’Amato (1998), ‘Customary International Law: A Reformulation’, International Legal Theory, IV (1), 1–7 [7] 7. Alexander Orakhelashvili (2008), ‘Natural Law and Customary Law’, Zeitschrift für ausländisches öffentliches Recht und Völkerrecht, 68, 69–110 [42] 8. Anthea Elizabeth Roberts (2001), ‘Traditional and Modern Approaches to Customary International Law: A Reconciliation’, American Journal of International Law, 95 (4), October, 757–91 [35] 9. Robert Kolb (2003), ‘Selected Problems in the Theory of Customary International Law’, Netherlands International Law Review, 50 (2), August, 119–50 [32] 10. Luigi Condorelli (2012), ‘Customary International Law: The Yesterday, Today and Tomorrow of General International Law’, in Antonio Cassese (ed.), Realizing Utopia the Future of International Law, Chapter 12, Oxford, UK and New York, NY, USA: Oxford University Press, 147–57 [11] PART II THE MAKING OF CUSTOMARY INTERNATIONAL LAW [223 pp] 11. I. C. MacGibbon (1957), ‘Customary International Law and Acquiescence’, British Yearbook of International Law, 33, 115–45 [31] 12. Prosper Weil (1983), ‘Towards Relative Normativity in International Law?’, American Journal of International Law, 77 (3), July, 413–42 [30] 13. Jonathan I. Charney (1986), ‘The Persistent Objector Rule and the Development of Customary International Law’, British Yearbook of International Law, 56 (1), 1–24 [24] 14. C. M. Chinkin (1989), ‘The Challenge of Soft Law: Development and Change in International Law’, International and Comparative Law Quarterly, 38 (4), October, 850–66 [17] 15. Maurice Mendelson (1996), ‘The Subjective Element in Customary International Law’, British Yearbook of International Law, 66 (1), 177–208 [32] 16. Oscar Schachter (1996), ‘New Custom: Power, Opinio Juris and Contrary Practice’, in Jerzy Makarczyk (ed.), Theory of International Law at the Threshold of the 21st Century: Essays in Honour of Krzysztof Skubiszewski, Part II, The Hague, the Netherlands: Kluwer Law International, 531–40 [10] 17. Gaetano Arangio-Ruiz (2007), ‘Customary Law: A Few More Thoughts about the Theory of “Spontaneous” International Custom‘, in Droit du Pouvoir, Pouvoir du Droit: Mélanges offerts à Jean Salmon, Part II, Chapter 6, Brussels, Belgium: Bruylant Publishers, 93–124 [32] 18. Georges Abi-Saab (2008), ‘The Process of Custom Formation in Contemporary International Law’, in P. Askary and J-M. Henckaerts (eds), Proceedings of the Conference on Customary International Humanitarian Law, 17–19 November 2008, Tehran, Iran: International Committee of the Red Cross, 105–15, errata [11] 19. United Nations International Law Commission (2018), ‘Draft Conclusions on Identification of Customary International Law with Commentaries’, (A/73/10), 121–56 [36] PART III THE INTERNATIONAL JUDGE AND CUSTOMARY INTERNATIONAL LAW [165 pp] 20. H. C. M. Charlesworth (1987), ‘Customary International Law and the Nicaragua Case’, Australian Year Book of International Law, 11, 1–31 [31] 21. Frederic L. Kirgis, Jr. (1987), ‘Custom on a Sliding Scale’, American Journal of International Law, 81 (1), January, 146–51 [6] 22. Daniel Bodansky (1999), ‘Non Liquet and the Incompleteness of International Law’, in Laurence Boisson de Chazournes and Philippe Sands (eds), International Law, the International Court of Justice and Nuclear Weapons, Part II, Chapter 10, Cambridge, UK: Cambridge University Press, 153–70 [18] 23. Alberto Alvarez-Jiménez (2011), ‘Methods for the Identification of Customary International Law in the International Court of Justice’s Jurisprudence: 2000–2009’, International and Comparative Law Quarterly, 60 (3), July, 681–712 [32] 24. Peter Tomka (2013), ‘Custom and the International Court of Justice’, Law and Practice of International Courts and Tribunals, 12 (2), 195–216 [22] 25. Stefan Talmon (2015), ‘Determining Customary International Law: The ICJ’s Methodology between Induction, Deduction and Assertion’, European Journal of International Law, 26 (2), May, 417–43 [27] 26. Niels Petersen (2017), ‘The International Court of Justice and the Judicial Politics of Identifying Customary International Law’, European Journal of International Law, 28 (2), May, 357–85 [29] PART IV THE CODIFICATION OF CUSTOMARY INTERNATIONAL LAW [82 pp] 27. R. Y. Jennings (1947), ‘The Progressive Development of International Law and its Codification’, British Yearbook of International Law, 24, 301–29 [29] 28. H. Lauterpacht (1955), ‘Codification and Development of International Law’, American Journal of International Law, 49 (1), January, 16–43 [28] 29. Donald McRae (2013), ‘The Interrelationship of Codification and Progressive Development in the Work of the International Law Commission’, Journal of International Law and Diplomacy, Kokusaiho Gaiko Zassi (ed), 111 (4), March, 75–94 [20] 30. United Nations (2019), ‘Resolution Adopted by the General Assembly on 20 December 2018’, (73/203)’, 1–5 [5] PART V CUSTOMARY INTERNATIONAL LAW AND TREATY LAW [66 pp] 31. Grigory Tunkin (1993), ‘Is General International Law Customary Law Only?’, European Journal of International Law, 4 (4), 534–41 [8] 32. D. W. Bowett (1993), ‘Treaty Revision in the Light of the Evolution of Customary International Law’, African Journal of International and Comparative Law, 5, 84–96 [13] 33. Arthur Watts (2002), ‘The International Court and the Continuing Customary International Law of Treaties’, in Nisuke Ando, Edward McWhinney, Rüdiger Wolfrum and Betsy Baker Röben (eds), Liber Amicorum Judge Shigeru Oda: Volume 1, Part III, The Hague, the Netherlands: Kluwer Law International, 251–66 [16] 34. Bing Bing Jia (2010), ‘The Relations between Treaties and Custom’, Chinese Journal of International Law, 9 (1), March, 81–109 [29] PART VI PARTICULAR AND ‘SPECIAL’ CUSTOMARY INTERNATIONAL LAW [124 pp] 35. Anthony D’Amato (1969), ‘The Concept of Special Custom in International Law’, American Journal of International Law, 63 (2), April, 211–24 [14] 36. Antonio Cassese (1999), ‘Ex Iniuria Ius Oritur: Are We Moving towards International Legitimation of Forcible Humanitarian Countermeasures in the World Community?’, European Journal of International Law, 10 (1), 23–30 [8] 37. Theodor Meron (2005), ‘Revival of Customary Humanitarian Law’, American Journal of International Law, 99 (4), October, 817–34 [18] 38. Pierre-Marie Dupuy (2007), ‘Formation of Customary International Law and General Principles’, in Daniel Bodansky, Jutta Brunnée and Ellen Hey (eds), The Oxford Handbook of International Environmental Law, Part IV, Chapter 19, New York, NY, USA: Oxford University Press, 449–66 [18] 39. Jorge E. Viñuales (2014), ‘Customary Law in Investment Regulation’, Italian Yearbook of International Law, 23 (1), November, 23–48 [26] 40. Campbell McLachlan (2016), ‘Is There an Evolving Customary International Law on Investment?’, ICSID Review, 31 (2), Spring, 257–69 [13] 41. Brian McGarry (2017), ‘The Development of Custom in Territorial Dispute Settlement’, Journal of International Dispute Settlement, 8 (2), May, 339–65 [27] Volume Total: 875 pp

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