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The Obsolescence Of Customary International Law, Joel P. Trachtman
The Obsolescence Of Customary International Law, Joel P. Trachtman
Joel P Trachtman
At a time when the world needs more, and more complex, international legal rules and institutions to address major cooperation problems, customary international law (“CIL”) has several important limitations: (i) it cannot be made in a coordinated manner in advance of events, (ii) it cannot be made with sufficient detail, (iii) it cannot be made with sufficiently heterogeneous reciprocity between states, (iv) it cannot be made with specifically-designed organizational support, (v) it is generally not subject to national parliamentary control, (vi) it purports to bind states that did not consent but failed to object to its formation, and (vii) it …
International Legal Control Of Domestic Administrative Action, Joel P. Trachtman
International Legal Control Of Domestic Administrative Action, Joel P. Trachtman
Joel P Trachtman
International law increasingly is designed to constrain the regulatory activities of countries where these activities have external effects on other countries. While countries retain the right to regulate, it is a qualified right, with a number of restrictions under international trade, investment, finance, human rights, and other areas of international law. The restrictions are often nuanced: while maintaining maximum policy autonomy, countries agree to international legal rules that establish increasingly complex preconditions for national regulatory action. In some cases, preconditions are formulated so as to establish procedural, as distinguished from substantive, predicates for national action. These varying types of preconditions …