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Author : Ben Chigara
Release : 2001
Genre : Customary law, International
Kind : eBook
Book Rating : /5 ( reviews)
Book Synopsis Legitimacy Deficit in Custom by : Ben Chigara
Download or read book Legitimacy Deficit in Custom written by Ben Chigara. This book was released on 2001. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Ben Chiagra
Release : 2017-07-05
Genre : Social Science
Kind : eBook
Book Rating : 767/5 ( reviews)
Book Synopsis Revival: Legitimacy Deficit in Custom: Towards a Deconstructionist Theory (2001) by : Ben Chiagra
Download or read book Revival: Legitimacy Deficit in Custom: Towards a Deconstructionist Theory (2001) written by Ben Chiagra. This book was released on 2017-07-05. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Author : Ben Chiagra
Release : 2017-07-05
Genre : Law
Kind : eBook
Book Rating : 775/5 ( reviews)
Book Synopsis Revival: Legitimacy Deficit in Custom: Towards a Deconstructionist Theory (2001) by : Ben Chiagra
Download or read book Revival: Legitimacy Deficit in Custom: Towards a Deconstructionist Theory (2001) written by Ben Chiagra. This book was released on 2017-07-05. Available in PDF, EPUB and Kindle. Book excerpt: Cover -- Half Title -- Dedication -- Title Page -- Copyright Page -- Table of Contents -- List of Treaties and Declarations -- List of Cases and Incidents -- List of Abbreviations -- Introduction -- 1 Juridification of Custom -- Introduction -- Etymology of Custom -- Custom as a Law-creating Mechanism -- Unpacking Custom's Content -- On the Material Elements of Custom -- Publicists on Custom -- The ILA Committee on Formation of General International Law -- Customary International Law and Obligation -- Conclusion -- 2 International Organisation and Custom: From 1920 to Contemporary Perspectives -- Introduction -- Sovereignty's Temporal Fortunes -- Attribution to the United Nations of Sovereign-like Competencies -- International Human Rights and Custom -- Conclusion -- 3 Legitimacy Deficit in Article 38(1)(b)'s Jurisprudence -- Introduction -- Legitimacy -- Conclusion -- 4 Deconstructionism, Normative Theory and Custom -- Introduction -- Deconstruction -- Customary International Law and Deconstructionist Critique -- Conclusion -- 5 Inauguration of New Norms of Customary Law in the Corfu Channel Case -- Introduction -- The ICJ Inaugurates Customary International Law in the Corfu Channel Case -- The ICJ Premises Custom on Violent Hierarchical Oppositions -- The Corfu Channel Case's Contribution to Understanding of Custom -- Conclusion -- 6 Custom and State Objection to Nascent Norms of Customary Law -- Introduction -- The ICJ Identifies Rules of Customary International Law on the Delimitation of Fisheries Zones -- The Persistent Objector in the Process of Custom -- Conclusion -- 7 Twining Custom with Treaty - North Sea Continental Shelf Cases -- Introduction -- Background -- Positive Law Test of Customary International Law -- Legitimacy Deficit in Custom -- Conclusion -- 8 Conclusions -- Introduction -- Difficulties -- Submissions -- Bibliography
Author : Ben Chigara
Release : 2001
Genre : Customary law, International
Kind : eBook
Book Rating : /5 ( reviews)
Book Synopsis Legitimacy Deficit in Custom by : Ben Chigara
Download or read book Legitimacy Deficit in Custom written by Ben Chigara. This book was released on 2001. Available in PDF, EPUB and Kindle. Book excerpt: The word custom is part of everyday vocabulary in all languages, meaning the habitual behaviour of people in a particular community. Once adopted by lawyers it becomes necessary to distinguish legal customs from non-legal customs. That distinction focuses on the creation of legal norms of customary law. In international law, the creation of rules of customary law has been the subject of much commentary. Customary international law has been described as a mysterious phenomenon that has lost its utility. Some have called for its abandonment and others for a radical reformulation of the doctrine. A former judge of the International Court of Justice perceived it to be both delicate and difficult. However, the majority of rules of international law are customary in nature. Therefore, the transparency, consistency and determinacy of custom - the process by which rules of customary law are created is central to the legitimacy of rules of customary law. This book examines the issues at the heart of this complex problem and recommends a deconstructionist approach to custom as a means of resolving the legitimacy deficit in custom.
Author : Angeline Lewis
Release : 2012-08-27
Genre : Law
Kind : eBook
Book Rating : 11X/5 ( reviews)
Book Synopsis Judicial Reconstruction and the Rule of Law by : Angeline Lewis
Download or read book Judicial Reconstruction and the Rule of Law written by Angeline Lewis. This book was released on 2012-08-27. Available in PDF, EPUB and Kindle. Book excerpt: The idea of building a blueprint ‘rule of law’ through military intervention has seized the imagination of practitioners and theorists alike in the past decade of peacebuilding operations, and an emphasis on simultaneous judicial reconstruction and security sector reform has emerged as their central strategy. This work, in a fresh approach based on recent military operations in Iraq and beyond, challenges both the universality of the blueprint and the doctrinal assumption that institutional reform by military interveners builds peace and legitimacy. In a comprehensive review, the essential role of the community in developing its own relationship with law, while interveners refocus exclusively on restoring public security using their extraordinary powers under international humanitarian law, emerges as the only future for ‘rule of law operations.’
