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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
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
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
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
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
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.