Description
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 Books
Table 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.
