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A Theory Of Constructive Interpretation For Customary International Law Identification, Nadia Banteka
A Theory Of Constructive Interpretation For Customary International Law Identification, Nadia Banteka
Michigan Journal of International Law
Scholars and judicial practice have long debated the nature of customary international law (“CIL”) as a source of international law, including its normative identification. Existing approaches to CIL identification largely follow the methods of induction and deduction. However, these methods are only two ends of a spectrum, and international law has yet to engage systematically with other methodological approaches that lay within this spectrum. This Article introduces a mid-spectrum approach by applying the theory of constructive interpretation to CIL identification. The Article introduces the guiding principles of constructive interpretation, examines the process of constructive interpretation in the abstract, and applies …
Positivism Regained, Nihilism Postponed, Jose E. Alvarez
Positivism Regained, Nihilism Postponed, Jose E. Alvarez
Michigan Journal of International Law
Review of Law-Making in the International Community by G.M. Danilenko
The International Law Of State Responsibility: Revolution Or Evolution?, Pierre-Marie Dupuy
The International Law Of State Responsibility: Revolution Or Evolution?, Pierre-Marie Dupuy
Michigan Journal of International Law
After briefly summarizing the classical doctrine of state responsibility, Part One will discuss whether extending compensation to the harmful consequences of certain hazardous activities necessarily involves the recognition of a "liability for lawful conduct" without any link to traditional ideas of state responsibility. Part Two, starting again from responsibility for wrongful acts, will discuss whether raising a new category, the breach of an "essential obligation" or "international crimes," confers not only an obligation to make reparations, but a right, in both the victim state and the non-victim states, to sanction the responsible state.