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Inefficient Customs In International Law, Eugene Kontorovich Dec 2006

Inefficient Customs In International Law, Eugene Kontorovich

William & Mary Law Review

This Article explores whether and when rules of customary international law (CIL) can be expected to be efficient. Customary rules are often regarded as desirable because in certain circumstances, they promote the welfare of the group in which they arise. Unless these circumstances apply among states, the efficiency arguments for the legalization of customary norms do not apply. The Article takes as its central observation the divergent treatment of custom in domestic and international law. In international law, if a customary behavior of states can be identified, it is automatically elevated to the status of legal obligation without any independent …


Time To Overturn Turney, Paul A. Lafata Oct 2006

Time To Overturn Turney, Paul A. Lafata

William & Mary Bill of Rights Journal

No abstract provided.


Queries From Querin: Guantanamo Tribunals And The Separation Of Powers Doctrine, Tanja Korpi Apr 2006

Queries From Querin: Guantanamo Tribunals And The Separation Of Powers Doctrine, Tanja Korpi

William & Mary Bill of Rights Journal

No abstract provided.


Women And War, Linda A. Malone Feb 2006

Women And War, Linda A. Malone

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Transboundary Groundwater In New Mexico, Texas, And Mexico: State And Local Legal Remedies To A Challenge Between Cities, States, And Nations, Jennifer Evans Feb 2006

Transboundary Groundwater In New Mexico, Texas, And Mexico: State And Local Legal Remedies To A Challenge Between Cities, States, And Nations, Jennifer Evans

William & Mary Environmental Law and Policy Review

No abstract provided.


Women In Post-Conflict Reconstruction: Dilemmas And Directions, Naomi R. Cahn Feb 2006

Women In Post-Conflict Reconstruction: Dilemmas And Directions, Naomi R. Cahn

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Book Review Of Non-State Actors And Human Rights, Michael Ashley Stein Jan 2006

Book Review Of Non-State Actors And Human Rights, Michael Ashley Stein

Faculty Publications

No abstract provided.