On the foundations and sources of international law
著者
書誌事項
On the foundations and sources of international law
T.M.C. Asser Press, c2003
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注記
"Most of the essays and commentaries collected in this volume were earlier presented and discussed at a Symposium organized in 1998 by the editors, at the T.M.C. Asser Institute in The Hague"--P. v
"Dedicated to the memory of professor Herman Meijers"--Opposite t.p
Includes bibliographical references
内容説明・目次
内容説明
The contributions included in this book, all written by renowned scholars, examine some of the long-standing fundamental issues of international law. The main part concerns the question: how is international law made and applied? A highly original, systematic assessment of the formation of customary international law by Herman Meijers - now for the first time published in English - provides an answer to this question. Two other long-standing fundamental issues are examined. Firstly, the plausibility of the hypothesis that international law is complete on the basis of the existence of a so-called 'closing rule'. Secondly, a study of the principle of the genuine link in the modern law of the sea demonstrates that its livelihood is so limited that a post mortem is justified. The volume is concluded by a discussion on a paradoxical aspect of the law of treaties, namely regarding the right of the parties to terminate their agreements.
目次
Foundations.- The Completeness of International Law and Hamlet's Dilemma: Non liquet, the Nuclear Weapons case, and Legal Theory*.- The Genuine Link Concept: Time for a Post Mortem?.- Sources.- On International Customary Law in the Netherlands.- The Role of State Practice in The Formation of Customary International Humanitarian Law.- From Dyestuffs to Kosovo Wine: from Avoidance to Acceptance by the European Community Courts of Customary International Law as Limit to Community Action.- Some Remarks on the Effect of the Termination of a Treaty under Article 70 of the 1969 Vienna Convention on the Law of Treaties.- Some Observations on The Consequences of The Termination of Treaties and The Reach of Article 70 of The Vienna Convention on The Law of Treaties.- Epilogue.- Herman Meijers 1923-2000.
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