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University of Michigan Law School

1989

Customary law

Articles 1 - 3 of 3

Full-Text Articles in Law

Third State Remedies In International Law, Jonathan I. Charney Jan 1989

Third State Remedies In International Law, Jonathan I. Charney

Michigan Journal of International Law

This article explores issues arising from third state enforcement of international law. Support for third state remedies may be found in law, practice, and the literature. It is not, however, definitively stablished. Third state remedies may appear at first glance to serve only the desirable goal of promoting rules of international law, but they may also produce negative side effects. The challenge to the international community is to design an effective third state enforcement regime that minimizes undesirable side effects.


The Authoritative Sources Of Customary International Law In The United States, Harold G. Maier Jan 1989

The Authoritative Sources Of Customary International Law In The United States, Harold G. Maier

Michigan Journal of International Law

In this discussion, the author distinguishes the authoritative source of law from the substantial source of law. The authoritative source of law is the political body that confers authority on the decision maker to select and interpret the rule. By doing this that body politic creates the authority that gives the rule status as a rule of law in the forum of decision. The substantial source of a legal rule is that body of law in which the rule's original policy bases and the verbal form that describes the effect to be given to that policy are found. The ...


What Does It Mean To Be An Internationalist?, Anthony D'Amato Jan 1989

What Does It Mean To Be An Internationalist?, Anthony D'Amato

Michigan Journal of International Law

A scholar of public international law, such as Professor Bishop, has a unique place among legal academicians. There is no other field of law where the writings of a respected scholar constitute an actual source of law. The Statute of the International Court of Justice, repeating an authoritative provision that applied to its predecessor court the Permanent Court of International Justice, lists as a subsidiary means for the determination of rules of international law "the teachings of the most highly qualified publicists of the various nations." The term "highly qualified publicists," of course, is synonymous with what the author has ...