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Customary Law Critique.pdf

need_to_be_rid_of_the_idea_of_general_customary_law.pdf

🔗 Source: cambridge.org

📊 Size: 108 KB

📄 Pages: 5 pages

⬇️ Downloads: 166

Summary

Anthony Carty argues that general customary international law is not an intelligible concept and not used in practice to demonstrate the existence of any rule of law, citing Hans Morgenthau's 1940 statement that the International Court of Justice uses this concept to decide what it likes and call it customary law. Carty criticizes B.S. Chimni's study of customary international law, which accepts the classical view that CIL requires two elements, opinio juris and material practice, despite recognizing the doubtful history of this concept. Carty argues that Chimni's postmodern deliberative approach to CIL is an attempt to impose a progressive development of international law, but that there are irreconcilable differences and no rule of custom can emerge. Carty advocates for a complete break with CIL in favor of an independent approach to the problems it is supposed to answer, and for precise historical explanations of the role of international law in the history of modern capitalism.

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Description

Anthony Carty argues that general customary international law is not an intelligible concept and not used in practice to demonstrate the existence of any rule...

Technical Information

File Format: PDF
File Size: 108 KB
Pages: 5
Language: EN
Total Downloads: 166
Last Updated: 2 months ago

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