3 novembre 2017

OUVRAGE : B.D. Lepard (ed.), Reexamining Customary International Law


Reexamining Customary International Law takes on the complex issues and controversies surrounding the history, theory, and practice of customary international law as it reexamines customary law's increasingly important role in world affairs. It incorporates the expertise of distinguished authors to probe many difficult issues that remain unresolved concerning the doctrine of customary law. At the same time, this book engages in a profound exploration of the practical role of customary international law in a variety of important fields, including humanitarian law, human rights law, and air and space law.


Michael Wood, Foreword 

1. Brian D. Lepard, Introduction: why does customary international law need reexamining?

Part I. Reexamining Historical and Theoretical Perspectives on Customary International Law

2. J. Patrick Kelly, Customary international law in historical context: the exercise of power without general acceptance
3. Fernando R. Tesón, Fake custom
4. Niels Petersen, The role of consent and uncertainty in the formation of customary international law
5. Thomas Kleinlein, Customary law and general principles: rethinking their relationship

Part II. Reexamining Customary Humanitarian Law

6. Jean-Marie Henckaerts and Els Debuf, The ICRC and the clarification of customary international humanitarian law
7. Noora Arajärvi, From the 'demands of humanity': the formulation of opinio juris in decisions of international criminal tribunals and the need for a renewed emphasis on state practice

Part III. Reexamining Customary Human Rights Law

8. Brian D. Lepard, Towards a new theory of customary international human rights law
9. Anna Williams Shavers, Using customary international law to improve women's lives

Part IV. Reexamining Customary Air and Space Law

10. Sofia Michaelides-Mateou, Customary international law in aviation: a hundred years of travel through the competing norms of sovereignty and freedom of overflight
11. Frans von der Dunk, Customary international law and outer space

Part V. Reexamining Customary International Law

12. Brian D. Lepard, Concluding reflections: insights from reexamining customary international law

Brian D. LEPARD (ed.), Reexamining Customary International Law, Cambridge, Cambridge University Press, 2017 (438 pages)

Brian D. Lepard is the Harold W. Conroy Distinguished Professor of Law at the University of Nebraska College of Law. He has written numerous books and articles on international law, comparative law, human rights, and tax law, including Customary International Law: A New Theory with Practical Applications (Cambridge, 2010). He is Chair of the Committee on Formation of Rules of Customary International Law of the American Branch of the International Law Association. He is also Academic Director of the Law College's LL.M. in Global Legal Practice Program for non-US lawyers and international students.

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