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International Law

William & Mary Law School

Customary Law

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Full-Text Articles in Law

Customary Constraints On The Use Of Force: Article 51 With An American Accent, William C. Banks, Evan J. Criddle Mar 2016

Customary Constraints On The Use Of Force: Article 51 With An American Accent, William C. Banks, Evan J. Criddle

Faculty Publications

This article, prepared for the symposium on ‘The Future of Restrictivist Scholarship on the Use of Force’, examines the current trajectory of restrictivist scholarship in the United States. In contrast to their counterparts in continental Europe, American restrictivists tend to devote less energy to defending narrow constructions of theUNCharter. Instead, they generally focus on legal constraints outside the Charter’s text, including customary norms and general principles of law such as necessity, proportionality, deliberative rationality, and robust evidentiary burdens. The article considers how these features of the American restrictivist tradition reflect distinctive characteristics of American legal culture, and it explores the …


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 …


The Vienna Convention On The Law Of Treaties In U.S. Treaty Interpretation, Evan J. Criddle Jan 2004

The Vienna Convention On The Law Of Treaties In U.S. Treaty Interpretation, Evan J. Criddle

Faculty Publications

No abstract provided.


The Local Law Of Global Antitrust, Edward T. Swaine Dec 2001

The Local Law Of Global Antitrust, Edward T. Swaine

William & Mary Law Review

No abstract provided.


Stanford V. Kentucky And Wilkins V. Missouri: A Violation Of An Emerging Rule Of Customary International Law, Laura Dalton Oct 1990

Stanford V. Kentucky And Wilkins V. Missouri: A Violation Of An Emerging Rule Of Customary International Law, Laura Dalton

William & Mary Law Review

No abstract provided.