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ISBN: 0719018501 Year: 1986 Publisher: Oxford Manchester University Press
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ISBN: 9041103805 Year: 1997 Publisher: The Hague Kluwer Law International
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ISBN: 9231027166 9789231027161 Year: 1991 Publisher: Paris: UNESCO,
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ISBN: 0891581847 Year: 1979 Publisher: Boulder, Colo.
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ISBN: 2707602361 Year: 1979 Publisher: Paris
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ISBN: 0735526494 9780735526495 Year: 2003 Publisher: New York (N.Y.) : Aspen,
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ISBN: 9780198704218 9780198825661 0198704216 0191009563 0191009571 0198825668 Year: 2016 Publisher: Oxford : Oxford University Press,
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The persistent objector rule is said to provide states with an 'escape hatch' from the otherwise universal binding force of customary international law. It provides that if a state persistently objects to a newly emerging norm of customary international law during the formation of that norm, then the objecting state is exempt from the norm once it crystallises into law. The conceptual role of the rule may be interepreted as straightforward: to preserve the fundamentalist positivist notion that any norm of international law can only bind a state that has consented to be bound by it. In reality, however, numerous unanswered questions exist about the way that it works in practice. provides a detailed understanding of how the rule emerged and operates, how it should be conceptualised, and what its implications are for the binding nature of customary international law. It argues that the persistent objector rule ultimately has an important role to play in the mixture of consent and consensus that underpins international law.
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ISBN: 0406659575 Year: 1984 Publisher: London : Butterworths,
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ISBN: 9780190696412 0190696419 Year: 2017 Publisher: New York, N.Y. Oxford University Press
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This book takes the reader on a sweeping tour of the international legal field to reveal some of the patterns of difference, dominance, and disruption that belie international lawâs claim to universality. Pulling back the curtain on the âdivisible college of international lawyers,â Anthea Roberts shows how international lawyers in different states, regions, and geopolitical groupings are often subject to distinct incoming influences and outgoing spheres of influence in ways that reflect and reinforce differences in how they understand and approach international law. These divisions manifest themselves in contemporary controversies, such as debates about Crimea and the South China Sea. Not all approaches to international law are created equal, however. Using case studies and visual representations, the author demonstrates how actors and materials from some states and groups have come to dominate certain transnational flows and forums in ways that make them disproportionately influential in constructing the âinternational.â This point holds true for Western actors, materials, and approaches in general, and for Anglo-American (and sometimes French) ones in particular. However, these patterns are set for disruption. As the world moves past an era of Western dominance and toward greater multipolarity, it is imperative for international lawyers to understand the perspectives and approaches of those coming from diverse backgrounds. By taking readers on a comparative tour of different international law academies and textbooks, the author encourages them to see the world through the eyes of others?an essential skill in this fast changing world of shifting power dynamics and rising nationalism.
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