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Full-Text Articles in Law
Customary International Law In The 21st Century: Old Challenges And New Debates, Roozbeh (Rudy) B. Baker
Customary International Law In The 21st Century: Old Challenges And New Debates, Roozbeh (Rudy) B. Baker
Roozbeh (Rudy) B. Baker
This Article will survey the new scholarship that has emerged in international law to challenge the two traditional sources of customary norms, state practice and opinio juris. With the recent growth, in the international system, of self-contained international criminal tribunals, new challenges facing international law have emerged. Institutionally structured as self-contained legal regimes, international legal tribunals such as the ICTY, ICTR, and now the ICC have nevertheless contributed to a new paradigm within international law. The jurisprudence of these international criminal tribunals, on a wide range of international legal questions, has slowly begun to be elevated into norms of customary …
Human Rights As Part Of Customary International Law:A Plea For Change Of Paradigms, Anthony D'Amato
Human Rights As Part Of Customary International Law:A Plea For Change Of Paradigms, Anthony D'Amato
Faculty Working Papers
The question for us international lawyers is how, and how much of, public sentiment for human rights has been transformed into binding international law.