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Full-Text Articles in Law
Custom, Power, And The Power Of Rules, Michael Byers
Custom, Power, And The Power Of Rules, Michael Byers
Michigan Journal of International Law
This article begins by explaining briefly the differing perspectives which these two general categories of scholars - those who study international law and those who study international relations - have of international society generally, and of law and power more specifically. This article exposes the fact that power is an important but largely unnoticed subject of much international legal discourse and also canvasses attempts by international relations scholars to incorporate law into their understandings of power.
Self-Determination In The Post-Cold War Era: A New Internal Focus?, Gregory H. Fox
Self-Determination In The Post-Cold War Era: A New Internal Focus?, Gregory H. Fox
Michigan Journal of International Law
Review of International Monitoring of Plebiscites, Referenda and National Elections: Self-Determination and Transition to Democracy by Yves Beigbeder
The Concept Of Customary International Law, Daniel M. Bodansky
The Concept Of Customary International Law, Daniel M. Bodansky
Michigan Journal of International Law
Review of Custom in Present International Law by Karol Wolfke
The Emptiness Of The Concept Of Jus Cogens, As Illustrated By The War In Bosnia-Herzegovina, A. Mark Weisburd
The Emptiness Of The Concept Of Jus Cogens, As Illustrated By The War In Bosnia-Herzegovina, A. Mark Weisburd
Michigan Journal of International Law
The aim of this article is neither to condemn departures from jus cogens nor to engage in verbal gymnastics designed to obfuscate the fact that the international community is treating or will treat "peremptory norms" as moralisms irrelevant in practical terms. Rather, this article seeks to show that the problem lies in the concept of jus cogens itself. More specifically, the article intends to make the case that the concept is intellectually indefensible - at best useless and at worst harmful in the practical conduct of international relations.