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This collection of chapters provides the most comprehensive study of the theory and practice on the contribution of international organisations and non-State actors to the formation of customary international law. It offers new practical and theoretical perspectives on one of the most complex questions about the making of international law, namely the possibility that actors other than states contribute to the making of customary international law. Notwithstanding the completion by the International Law Commission of its work on the identification of customary international law, the making of customary international law remains riddled with acute practical and theoretical controversies which have been left unresolved and which continue to be intensively debated in both practice and scholarship. Making extensively reference to the case-law of international law courts and tribunals as well as the practice of treaty-monitoring bodies while also engaging with the most recent scholarly work on customary international law, this new volume provides innovative tools and guidance to legal scholars, researchers in law, law students, lecturers in law, practitioners, legal advisers, judges, arbitrators, and counsels as well as tools to address contemporary questions of international law-making.

Hilary Charlesworth and Christine Chinkin

women. Liberal international legal theory The dominant modem Western account of international law is a liberal one. The international order is seen as being based on subjective, sovereign consent, just as a national order is based on a social contract negotiated by individuals. The state is a member of the international community similar to the

in The boundaries of international law
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Trish Winter and Simon Keegan-Phipps

this aspect of the movement seriously and think about its significance. It therefore seems appropriate to relate our research on the English Conclusion 163 context generally, and English folk music specifically, to the burgeoning literature on the study of indigeneity. No clear definition of the term seems to predominate, but the concept is of great importance within a number of disciplines, including the fields of cultural geography, international legal theory and anthropology. The approach taken by legal theorists stems from a pragmatic enterprise to establish

in Performing Englishness
Jean d’Aspremont

international courts and tribunals. 40 It is argued here that, in their hunt for practice, international lawyers have thus espoused lethal all-embracing construction whereby practice and opinio juris , behavioural practice and interpretative practice, and declarative and constitutive processes are two elements of the same dialectical process, if not two faces of the same coin. This conflation between the declarative, the constitutive, and the interpretative can only be fatal for the two-element doctrine of customary law in international legal theory and practice. By

in International organisations, non-State actors, and the formation of customary international law
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Mehmed Cavid Bey, politics and finance in the global Middle East, 1908–14
Ozan Ozavci

’in Hatıralari’, Tanin (7 September 1943): n. 1; diary entry for 7 May 1909, Tanin (8 September 1943); Aykut Kansu, Politics in post-revolutionary Turkey, 1908–13 (Leiden: Brill, 1999): 148–51; M. Naim Tufan, Rise of the Young Turks (New York, London: I. B. Tauris, 2000); BOA, i.DUiT 8/4. 16 U. Özsu, ‘Ottoman Empire, the origins of extraterritoriality, and international legal theory’, in A. Ordorf and F. Hoffman (eds), The Oxford handbook of the theory of international law

in Global biographies
Hilary Charlesworth and Christine Chinkin

state and those within it. This is exemplified externally by the principles of non-intervention 6 and non-interference in the domestic affairs of states 7 and internally by doctrines of immunity and non-justiciability. International legal theory has little to say about national decision-making processes, providing limited constraints on national action mainly through human rights principles. 8 It is

in The boundaries of international law
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Kimberly Hutchings

dynamics of power. (2006: 187) Habermas devotes rather more space to the refutation of arguments derived from the international legal theory of Schmitt, which argue against the further juridification of international politics and for the post-Westphalian emergence of two mutually antithetical imperial hemispheres (2006: 188).5 However, Habermas’s reasons for refuting this interpretation of contemporary world politics are very much the same as for his rejections of the other two. Habermas traces Schmitt’s claims about international law to their grounding in moral non

in Time and world politics
Taking the role of non-governmental organisations in customary international lawmaking seriously
Valentina Azarova

NGOs: Reflections on A Dialogue Between Practitioners and Theorists ’ ( 2004 ) 26 Human Rights Quarterly 300 – 29 . 141 F Kratochwil, ‘Legalism and the “Dark” Side of Global Governance’ in Liivoja and Petman (n 97) 46. 142 D Kennedy , ‘ One, Two, Three, Many Legal Orders: Legal Pluralism and the Cosmopolitan Dream ’ ( 2007 ) 3 New York University Reviews of Law and Change 646 ; cited by Andrea Bianchi , International Legal Theories ( Oxford University Press 2017 ) 243 . 143 On the need for explicitness in the example of the Maastricht

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

downplaying the significance of such a normative basis, this book focuses on founding constitutions in order to keep the project within reasonable bounds. For more on the way these other norms affect the values and principles guiding an international organization, see Ige F. Dekker & Ramses A. Wessel, “Governance by International : Rethinking the Normative Force of International Decisions,” Governance and International Legal Theory 215 (Ige F. Dekker & Wouter G. Werner eds. 2004

in The values of international organizations