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Full-Text Articles in Law
Breaking The Silence: Why International Organizations Should Acknowledge Customary International Law Obligations To Provide Effective Remedies, Kristina Daugirdas, Sachi Schuricht
Breaking The Silence: Why International Organizations Should Acknowledge Customary International Law Obligations To Provide Effective Remedies, Kristina Daugirdas, Sachi Schuricht
Law & Economics Working Papers
To date, international organizations have remained largely silent about their obligations under customary international law. This chapter urges international organizations to change course, and to expressly acknowledge customary international law obligations to provide effective remedies. Notably, international organizations’ obligations to afford effective remedies need not precisely mirror States’ obligations to do so. Instead, international organizations may be governed by particular customary international law rules. By publicly acknowledging obligations to afford effective remedies, international organizations can influence the development of such particular rules. In addition, by acknowledging obligations to afford effective remedies — and by actually providing effective remedies — international …
Does Customary International Tax Law Exist?, Reuven S. Avi-Yonah
Does Customary International Tax Law Exist?, Reuven S. Avi-Yonah
Law & Economics Working Papers
Customary international law is law that “results from a general and consistent practice of states followed by them from a sense of legal obligation.” “International agreements create law for states parties thereto and may lead to the creation of customary international law when such agreements are intended for adherence by states generally and are in fact widely accepted.” Does customary international law (CIL) exist in tax? There are over 3,000 bilateral tax treaties, and they are about 80% identical to each other, but do they create CIL that binds in the absence of a binding treaty, like for example the …
How And Why International Law Binds International Organizations, Kristina Daugirdas
How And Why International Law Binds International Organizations, Kristina Daugirdas
Articles
For decades, controversy has dogged claims about whether and to what extent international law binds international organizations (“IOs”) like the United Nations and the International Monetary Fund. The question has important consequences for humanitarian law, economic rights, and environmental protection. In this Article, I aim to resolve the controversy by supplying a theory about when and how international law binds IOs. I conclude that international law binds IOs to the same degree that it binds states. That is, IOs are not more extensively or more readily bound; nor are they less extensively or less readily bound. This means that IOs, …
Custom's Method And Process: Lessons From Humanitarian Law, Monica Hakimi
Custom's Method And Process: Lessons From Humanitarian Law, Monica Hakimi
Book Chapters
A central question in the literature on customary international law (CIL) goes to method: what is the proper method for "finding" CIL - that is, for determining that particular norms qualify as ClL? The traditional method is to identify a widespread state practice, plus evidence that states believe that the practice reflects the law (opinio juris). That method has long been criticized as incoherent, unworkable, and out of touch with modern sensibilities. Thus, much of the CIL literature addresses its perceived problems. The principal goals of this literature are to help resolve whether norms that are claimed to be CIL …
Review Of Taming Globalization: International Law, The U.S. Constitution, And The New World Order, Kristina Daugirdas
Review Of Taming Globalization: International Law, The U.S. Constitution, And The New World Order, Kristina Daugirdas
Reviews
According to Julian Ku of Hofstra University School of Law and John Yoo of the University of California, Berkeley, School of Law, globalization poses a significant threat to the U.S. constitutional system of governance. In their recent book, Taming Globalization: International Law, the U.S. Constitution, and the New World Order, they seek to reassure readers that this threat can be deflected. If their prescriptions are followed, Ku and Yoo argue, the United States can avoid constitutional problems while continuing to reap the benefits of international cooperation. Ku and Yoo insist that they are neither trying to stop globalization …
Sources, Christine Chinkin
Sources, Christine Chinkin
Book Chapters
This chapter outlines the sources of international human rights law that are listed in Article 38(1) Statute of the International Court of Justice: treaties, custom, general principles of law, and, as subsidiary sources, judicial decisions and the writings of jurists. The chapter also considers how so-called 'soft law' instruments such as resolutions of the UN General Assembly and the work of human rights expert bodies may also be regarded as sources of human rights law.