دانلود کتاب The Theory, Practice, and Interpretation of Customary International Law

فهرست مطالب :

Cover
Half-title page
Series page
Title page
Copyright page
Contents
List of Contributors
Preface
List of Abbreviations
Table of Cases
Table of International Treaties, Documents and National
Legislation
Part I The Theory of Customary International Law: Fault Lines and the Need for New Approaches
1 Between Pragmatism and Disenchantment: The Theory of Customary International Law after the ILC Project
2 The Custom-Making Moment in Customary International Law
3 Misinterpreting Customary International Law: Corrupt Pedigree or Self-Fulfilling Prophecy?
4 The Logic of Absence in Customary International Law: An Open-System Approach
5 Schrödinger’s Custom: Implications of Identification on the Interpretation of Customary International Law
Part II Customary International Law as a Source of International Law: Doctrine and History
6 The Significance of State Consent for the Legitimate Authority of Customary International Law
7 Custom and the Regulation of ‘the Sources of International Law’
8 The ILC’s New Way of Codifying International Law, the Motives Behind It, and the Interpretive Approach Best Suited to It
9 Beyond Formalism: Reviving the Legacy of Sir Henry Maine for Customary International Law
10 Enkapsis and the Development of Customary International Law: An Encyclopedic Approach to Inter-legality
Part III The Practice of Customary International Law Across Various Fora: Diversity of Approaches and Actors
11 Customary International Law in the Reasoning of International Courts and Tribunals
12 Eureka! On Courts’ Discretion in ‘Ascertaining’ Rules of Customary International Law
13 Identification of and Resort to Customary International Law by the WTO Appellate Body
14 The Practice of Non-state Armed Groups and the Formation of Customary International Humanitarian Law: Towards Direct Relevance?
15 Identifying Custom in Universal Periodic Review Recommendations
Part IV Interpretation of Customary International Law: Delineating the Stages in Its Life Cycle
16 Interpreting Customary International Law: You’ll Never Walk Alone
17 Practical Reasoning and Interpretation of Customary International Law
18 Different Strings of the Same Harp: Interpretation of Rules of Customary International Law, Their Identification and Treaty Interpretation
19 Customary International Law: Identification versus Interpretation
20 ‘And in the Darkness Bind Them’: Hand-Waving, Bootstrapping, and the Interpretation of Customary International Law after Chagos
Part V Customary International Law in the Practice of Domestic Courts: What Lessons for International Law?
21 The Role of Domestic Courts in the Interpretation of Customary International Law: How Can We Learn from Domestic Interpretive Practices?
22 Customary International Law Interpretation: The Role of Domestic Courts
23 The Relevance of Customary International Law in the Domestic Legal Order of a Federal State
Bibliography
Index