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

Law Commons

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

International Law

University of Georgia School of Law

Customary international law

Articles 1 - 19 of 19

Full-Text Articles in Law

Interpretive Entrepreneurs, Melissa J. Durkee Jan 2021

Interpretive Entrepreneurs, Melissa J. Durkee

Scholarly Works

Private actors interpret legal norms, a phenomenon I call "interpretive entrepreneurship." The phenomenon is particularly significant in the international context, where many disputes are not subject to judicial resolution and there is no official system of precedent. Interpretation can affect the meaning of laws over time. For this reason, it can be a form of "post hoc" international lawmaking, worth studying alongside other forms of international lobbying and norm entrepreneurship by private actors. The Article identifies and describes the phenomenon through a series of case studies that show how, why, and by whom it unfolds. The examples focus on entrepreneurial …


Globalists And The Corruption Of Sources, Amy Baker Benjamin Feb 2020

Globalists And The Corruption Of Sources, Amy Baker Benjamin

Georgia Journal of International & Comparative Law

No abstract provided.


Tacos, Tequila, And Tainted Alcohol? An Examination Of The Tainted Alcohol Problem In Mexico And What It Means For The American Tourist, Tammy Le Jul 2019

Tacos, Tequila, And Tainted Alcohol? An Examination Of The Tainted Alcohol Problem In Mexico And What It Means For The American Tourist, Tammy Le

Georgia Journal of International & Comparative Law

No abstract provided.


Interstitial Space Law, Melissa J. Durkee Jan 2019

Interstitial Space Law, Melissa J. Durkee

Scholarly Works

Conventionally, customary international law is developed through the actions and beliefs of nations. International treaties are interpreted, in part, by assessing how the parties to the treaty behave. This Article observes that these forms of uncodified international law—custom and subsequent treaty practice—are also developed through a nation’s reactions, or failures to react, to acts and beliefs that can be attributed to it. I call this “attributed lawmaking.”

Consider the new commercial space race. Innovators like SpaceX and Blue Origin seek a permissive legal environment. A Cold-War-era treaty does not seem adequately to address contemporary plans for space. The treaty does, …


Unregulated Custody Transfers: Why The Practice Of Rehoming Should Be Considered A Form Of Illegal Adoption And Human Trafficking, Michael D. Aune May 2018

Unregulated Custody Transfers: Why The Practice Of Rehoming Should Be Considered A Form Of Illegal Adoption And Human Trafficking, Michael D. Aune

Georgia Journal of International & Comparative Law

No abstract provided.


Mariculture: A New Ocean Use, J. Owens Smith, David L. Marshall Jun 2016

Mariculture: A New Ocean Use, J. Owens Smith, David L. Marshall

Georgia Journal of International & Comparative Law

No abstract provided.


Methodology And Misdirection: Custom And The Icj, Harlan G. Cohen Dec 2015

Methodology And Misdirection: Custom And The Icj, Harlan G. Cohen

Popular Media

Associate Professor Harlan G. Cohen published "Methodology and Misdirection: Custom and the ICJ" on the European Journal of International Law's blog EILJ: Talk! on December 1, 2015.


Filartiga V. Pena-Irala: A Contribution To The Development Of Customary International Law By A Domestic Court, C. Donald Johnson Jr. Apr 2015

Filartiga V. Pena-Irala: A Contribution To The Development Of Customary International Law By A Domestic Court, C. Donald Johnson Jr.

Georgia Journal of International & Comparative Law

No abstract provided.


Filartiga V. Pena-Irala: Comments On Sources Of Human Rights Law And Means Of Redress For Violations Of Human Rights, Gabriel M. Wilner Apr 2015

Filartiga V. Pena-Irala: Comments On Sources Of Human Rights Law And Means Of Redress For Violations Of Human Rights, Gabriel M. Wilner

Georgia Journal of International & Comparative Law

No abstract provided.


Book Review: International Law And Its Sources: Liber Amicorum Maarten Bos. Ed. Wybo P. Heere. The Hague: T.M.C. Asser Instituut By Kluwer Law And Taxation Publishers. 1989. Xxiii, 196 Pp. Df1. 94., Mark W. Janis Dec 2014

Book Review: International Law And Its Sources: Liber Amicorum Maarten Bos. Ed. Wybo P. Heere. The Hague: T.M.C. Asser Instituut By Kluwer Law And Taxation Publishers. 1989. Xxiii, 196 Pp. Df1. 94., Mark W. Janis

Georgia Journal of International & Comparative Law

No abstract provided.


Suggestions For The Limited Acceptance Of Compulsory Jurisdiction Of The International Court Of Justice By The United States, Louis B. Sohn Dec 2014

Suggestions For The Limited Acceptance Of Compulsory Jurisdiction Of The International Court Of Justice By The United States, Louis B. Sohn

Georgia Journal of International & Comparative Law

No abstract provided.


The Status Of The Universal Declaration Of Human Rights In National And International Law, Hurst Hannum Oct 2014

The Status Of The Universal Declaration Of Human Rights In National And International Law, Hurst Hannum

Georgia Journal of International & Comparative Law

No abstract provided.


The Role Of Experts In Proving International Human Rights Law In Domestic Courts: A Commentary, Harold G. Maier Oct 2014

The Role Of Experts In Proving International Human Rights Law In Domestic Courts: A Commentary, Harold G. Maier

Georgia Journal of International & Comparative Law

No abstract provided.


The "Blank Stare Phenomenon": Proving Customary International Law In U.S. Courts, Paul L. Hoffman Oct 2014

The "Blank Stare Phenomenon": Proving Customary International Law In U.S. Courts, Paul L. Hoffman

Georgia Journal of International & Comparative Law

No abstract provided.


Litigating Customary International Human Rights Norms, Beth Stephens Oct 2014

Litigating Customary International Human Rights Norms, Beth Stephens

Georgia Journal of International & Comparative Law

No abstract provided.


The Complex Nature, Sources And Evidences Of Customary Human Rights, Jordan J. Paust Oct 2014

The Complex Nature, Sources And Evidences Of Customary Human Rights, Jordan J. Paust

Georgia Journal of International & Comparative Law

No abstract provided.


Human Rights As Part Of Customary International Law: A Plea For Change Of Paradigms, Anthony D'Amato Oct 2014

Human Rights As Part Of Customary International Law: A Plea For Change Of Paradigms, Anthony D'Amato

Georgia Journal of International & Comparative Law

No abstract provided.


Book Review: Sources Of State Practice In International Law, Anne Burnett Oct 2014

Book Review: Sources Of State Practice In International Law, Anne Burnett

Georgia Journal of International & Comparative Law

No abstract provided.


Codifying Custom, Timothy L. Meyer Apr 2012

Codifying Custom, Timothy L. Meyer

Scholarly Works

Codifying decentralized forms of law, such as the common law and customary law, has been a cornerstone of the positivist turn in legal theory since at least the nineteenth century. Commentators laud codification’s purported virtues, including systematizing, centralizing, and clarifying the law. These attributes are thought to increase the general welfare of those subject to legal rules, and therefore to justify and explain codification. The codification literature, however, overlooks codification’s distributive consequences. In so doing, the literature misses the primary motive for codification: to define legal rules in a way that advantages individual codifying institutions, regardless of how codification affects …