Nature of Customary international law
All we need is practice
Bibliographic Data
| ID | 13112379 |
|---|---|
| Authors | Miloš Hrnjaz (0009-0005-5210-2353, University of Belgrade, corresponding author) |
| Year | 2021 |
| Volume | 12 |
| Issue | 2 |
| Pages | 550-576 |
| Publication date | 2021-01-01 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Pravni zapisi (JOURNAL) |
| Journal identifiers | ISSN: 2406-1387 • E-ISSN: 2217-2815 |
| Publisher | Faculty of Agronomy in Čačak (PUBLISHER • RS) |
| DOI | 10.5937/pravzap0-34452 |
| OpenAlex | W4206226419 |
| Language | EN |
| References cited | 18 |
The main objective of this paper is to critically assess the dominant additive theory of the formation of Customary International Law by using the concept of discursive normative practice and the work of Gerald Postema. My central conclusion is that the use of this concept provides an explanation of the process of formation of Customary International Law that is superior to the additive theory which consists of two elements - practice and opinio juris. On the other hand, Postema's theory also has its own weaknesses, and this paper explores ways to improve it
Customary international law · Epistemology · International law · Law and economics · Normative · Political science · Process (computing · Public international law · Sociology · Sources of international law · Work (physics · Computer Science · Corporate Law and Human Rights · Engineering · International Arbitration and Investment Law · International Law and Human Rights · Law · Philosophy
Legal History as a Source of International Law
From Apology to Utopia
Customary International Humanitarian Law
In defence of relative normativity
International Law in and with International Politics
Determining Customary International Law
Custom on a Sliding Scale
Traditional and Modern Approaches to Customary International Law
| Highly cited | No |
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