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Hilary Charlesworth and Christine Chinkin

Introduction This book has argued that sex and gender shape international law. It has questioned the universality and objectivity of international law because of the exclusion of women from its substance, methodologies and processes. It has examined the assumptions of the international legal order that inculcate particular conceptions of gender and reinforce in turn ideas

in The boundaries of international law
Veronika Bílková

In 2018, the United Nations International Law Commission adopted, on second reading, a set of Conclusions on Identification of Customary International Law . 1 The document, now submitted to the United Nations General Assembly, contains sixteen conclusions relating to various aspects of the formation and identification of customary international law. The basic approach that the document embraces is a traditional one. A rule of customary international law emerges when there is ‘a general practice that is accepted as law ( opinio juris )’ . 2 The practice is

in International organisations, non-State actors, and the formation of customary international law
Mirror or looking-glass?
Luíza Leão Soares Pereira

This chapter addresses one specific aspect of the International Law Commission’s work on the identification of customary international law: how it sees its own output in relation to custom. While in the latest Conclusions and Commentary on the Identification of Customary International Law (hereafter ‘the Conclusions’) it dedicates specific sections to ‘teachings of publicists’ and judgments, the Commission chose not to dedicate a discrete sub-heading to its own work, instead mentioning it in passing in the commentary preceding the ‘Significance of certain

in International organisations, non-State actors, and the formation of customary international law
Law and conflicts over water in the Krishna River Basin
Radha D’Souza

underwent radical transformation. Indeed, it is possible to argue that the schisms internalized in the legal systems enabled new forms of imperial relations to emerge after the old forms of political colonialism ended. This paper attempts to locate the role of law within debates on the imperialist nature of world political economy after international law, through the UN Charter

in Law, history, colonialism
Nicolas Kang- Riou

societal structures’. 4 Thus, it is difficult to say that science fiction cinema can produce a ‘credible account’ of known international law due to the radically transformed nature of the ‘international’ society. Then is writing as legal scholars on international law in science fiction cinema an impossibility? Did the editors of this book fail to notice that science fiction movies do not deal with any of our current world international legal institutions or rules? Or are we in an alternate universe where publishers give free rein to authors to write without following

in Cinematic perspectives on international law
Michael Wood

The present volume is a timely addition to the vast (and still growing) literature on customary international law. In 2018 the United Nations International Law Commission adopted, on second and final reading, a set of sixteen conclusions (with commentaries) on identification of customary international law, thus bringing to completion a six-year study of the topic. 1 Throughout that time, the question whether, and if so how, the practice of international (intergovernmental) organizations may contribute to the formation and identification of customary

in International organisations, non-State actors, and the formation of customary international law
Casper Sylvest

CH APTER 3 Legal evolution and the redemption of international law The dilemma of international law is that of ecclesiastical dogma. Elastic interpretation adapted to diverse needs increases the number of the faithful. Rigid interpretation, though theoretically desirable, provokes secessions from the church. (E. H. Carr, 19391) It has become a commonplace to note that the modern body of inter­ national law, shared by a society of civilised nations, has its roots in the classical tradition of jus gentium and in a ‘law of nations’ applicable to a family of

in British liberal internationalism, 1880–1930
Antal Berkes

The International Law Commission’s work on the identification of customary international law raised the question whether actors other than States may play a role in the formation or expression of customary international law. Beyond international organisations whose contribution to the formation of customary international law is covered in detail in the Special Rapporteur’s third report, the role of ‘other non-State actors’ such as non-governmental organisations and even individuals was only briefly invoked by the Special Rapporteur. Indeed, scholar works

in International organisations, non-State actors, and the formation of customary international law
Tomoko Yamashita

International lawmaking is no longer a privilege exclusively reserved for States. As mentioned by the International Law Commission in its Conclusion 13(1) on the Identification of Customary International Law in 2018, decisions of international tribunals serve as a subsidiary means for the ascertainment of rules of customary international law. 1 That said, in light of the principle non ultra petita , the real contributors appear to be the claimants who raise discussions for customary international law determination before a tribunal, which then decides only

in International organisations, non-State actors, and the formation of customary international law
David Armitage

PARLIAMENT AND INTERNATIONAL LAW 9 Parliament and international law in the eighteenth century 1 David Armitage The study of parliament and international law in the eighteenth century illuminates crucial distinctions among nation, state and empire. For example, after 1603 but before 1707, the Scottish parliament in Edinburgh represented a nation but aroused English opposition whenever it tried to legislate as if Scotland were an independent state. Before 1801, the Irish parliament in Dublin represented only a very narrowly defined Irish nation and, prior to the

in Parliaments, nations and identities in Britain and Ireland, 1660–1850