Precedent, Compliance, and Change in Customary International Law
An Explanatory Theory
Bibliographic Data
| ID | 9541798 |
|---|---|
| Authors | Pierre-Hugues Verdier (0000-0002-1705-8706, University of Virginia, corresponding author), Erik Voeten (0000-0002-1002-3770, Walsh University) |
| Year | 2014 |
| Volume | 108 |
| Issue | 3 |
| Pages | 389-434 |
| Publication date | 2014-07-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | American Journal of International Law (JOURNAL) |
| Journal identifiers | ISSN: 0002-9300 • E-ISSN: 2161-7953 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.5305/amerjintelaw.108.3.0389 |
| OpenAlex | W1584077450 |
| Language | EN |
| Citations received | 14 |
| References cited | 48 |
Customary international law (CIL) is widely recognized as a fundamental source of international law. While its continued significance in the age of treaties was once contested, it is now generally accepted that CIL remains a vital element of the international legal order. Yet CIL is also plagued with conceptual and practical difficulties, which have led critics to challenge its coherence and legitimacy. In particular, critics of CIL have argued that it does not meaningfully affect state behavior. Traditional CIL scholarship is ill equipped to answer such criticism because its objectives are doctrinal or normative—namely, to identify, interpret, and apply CIL rules, or to argue for desirable changes in CIL. For the most part, that scholarship does not propose an explanatory theory in the social scientific sense, which would articulate how CIL works, why states comply, and why and how rules change
Compliance (psychology · Customary international law · Doctrine · International law · Law and economics · Norm (philosophy · Political science · Public international law · Punishment (psychology · Reciprocity (cultural anthropology · Reputation · Sociology · Corporate Law and Human Rights · International Arbitration and Investment Law · International Law and Human Rights · Law · Psychology · Social Psychology
The War in Ukraine and the Concept of Change
The Obligation to Prosecute Heads of State Under the Rome Statute of the Internatonal Criminal Court (Icc) and Customary International Law
Why common humanity? Framing the responsibility to protect as a common response
Confiscation Estonian style
How Different are Treaties and Modern Customary International Law? A Response to Verdier and Voeten
A Response to Professors Meyer, Ohlin and Lorite Escorihuela
The Translation of Common Sense
Introduction to Symposium on Pierre-Hugues Verdier and Erik Voeten, “Precedent, Compliance, and Change in Customary International Law
Precedent and Custom
Shaping the Evolution of International Law in View of its Core Effects
Election hacking, the rule of sovereignty, and deductive reasoning in customary international law
International Law in National Legal Systems
Reciprocating to the bottom
Legalization and Compliance
The Impact of International Law on International Cooperation
International Law
Reputation, Compliance, and International Law
Brownlie's Principles of Public International Law
The Politics of Interpretation
Study on customary international humanitarian law
A US government response to the International Committee of the Red Cross study Customary International Humanitarian Law
National Courts, Domestic Democracy, and the Evolution of International Law
Import, Export, and Regional Consent in the Inter-American Court of Human Rights
Nash Equilibrium and International Law
The Three-Mile Limit
Dynamic models of segregation
Incoherent and Ineffective
Comparative International Law? The Role of National Courts in Creating and Enforcing International Law
Methods for the Identification of Customary International Law in the International Court of Justice's Jurisprudence
The Customary International Law Game
The Geneva Conventions as Customary Law
Preemption, Iraq, and International Law
Form and Substance in International Agreements
Custom on a Sliding Scale
The ILC Articles on State Responsibility
Introduction and Overview
On the Use and Abuse of Necessity in the Law of State Responsibility
Towards Relative Normativity in International Law
The Power of the Executive Branch of the United States Government to Violate Customary International Law
Counterintuiting Countermeasures
Traditional and Modern Approaches to Customary International Law
Military Lawyers on the Battlefield
Universal International Law
Courts as Coordinators
Emergency and Escape
Bargaining, Enforcement, and Multilateral Sanctions
Bargaining, Enforcement, and International Cooperation
The Rational Design of International Institutions
Bringing Law to the Table
A Theory of Customary International Law
Reciprocity in international relations
Contracting around International Uncertainty
Threshold Models of Collective Behavior
| Unique citing works | 14 |
|---|---|
| Citations per year | 1,17 |
| Citation span | 2014 - 2025 (12) |
| Citation velocity | recent |
| Highly cited | No |
| Citation types | Neutral: 14 |