Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Law

Maurer School of Law: Indiana University

Indiana Journal of Global Legal Studies

Journal

2008

Customary international law

Articles 1 - 2 of 2

Full-Text Articles in Law

Customary Transnational Law: Attacking The Last Resort Of State Sovereignty, Till Müller Jan 2008

Customary Transnational Law: Attacking The Last Resort Of State Sovereignty, Till Müller

Indiana Journal of Global Legal Studies

In the Westphalian State, Customary International Law (CIL) has traditionally been informed by high-level state action among close neighbors. However, it is no longer a foregone conclusion that CIL is resistant to the influences of greater globalization and transnational government and non-governmental action. As the interaction among and between national governments and non-governmental organizations increases in frequency, breadth, and physical distance, we are asked to reconsider the formation of modern CIL. Ultimately, the ever increasing importance of transnational cooperation, both in traditional governance and non-governmental action, necessarily informs modern CIL. The resultant body of law may appropriately be described as …


The Relationship Of Participatory Democracy To Participatory Law Formation, Christiana Ochoa Jan 2008

The Relationship Of Participatory Democracy To Participatory Law Formation, Christiana Ochoa

Indiana Journal of Global Legal Studies

While the traditional doctrinal formulation of customary international law (CIL) has focused exclusively on state practice and opinio juris, in the modern age, it is undeniable that individuals and non-state collectives of individuals are increasingly becoming relevant to this process. It is thus useful to analyze individual participation based on the model of participatory democracy, and also in contrast to representative democracy. By doing so, the nuanced relationship between participatory law formation and democratic participation in lawmaking is brought into relief.I n light of larger modern trends within international law, the participation of individuals in law formation requires further examination …