The Persistent Objector Rule In International Law

Focusing on how states have utilized the persistent objector rule in practice, this volume details how the rule emerged and operates, how it should be conceptualised, and what its implications are for the binding nature of customary international law.

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 interpreted 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. Through focused analysis of state practice, this monograph 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.

A Major Contribution to the Understanding of International Law Central to the modern legal framework are the notions of customary international law and the persistent objector doctrine. But much debate exists over these ambiguous and elusive concepts-debate that has the potential to affect everything from war-crimes trials to international commerce. Now, legal expert Charles Quince provides an enlightening, in-depth, and balanced look at the history and problems of these specific areas of international law, and suggests important solutions for minimizing misinterpretation. Topics tackled here include: - The development of customary international law, from Ancient Rome to the present day; - A clear, concise discussion of the persistent objector rule, which allows states to opt out of a particular norm; - Key court cases providing important precedent to our current understanding of custom and consent; - The debate over interpretation, including the two opposing theories by Dworkin and Rawls; - Viable implementation strategies for bridging the divide and helping minimize misinterpretation. This unique book not only concentrates on institutional developments, it also gives insights into norms and guiding principles associated with these two concepts. In essence, Quince presents the positive aspects of each competing theory and shows how they could work together as a cohesive force in the global environment, making this a must read for attorneys, jurists, government leaders and law students. Charles Quince is a librarian at the Albright Memorial Library in Scranton, Penn. He holds a bachelor's in history, juris doctor, and master's in library science. He is a member of the American Society of International Law, the Society for Historians of American Foreign Relations, and the Pennsylvania Library Association.

Aesthetic philosophy and the arts offer an innovative and attractive approach to enhancing international law in support of peace.

Adjudicating International Human Rights honours Professor Sandy Ghandhi on his retirement from law teaching. It does so through a series of targeted essays which probe the framework and adequacy of international human rights adjudication. Eminent international law scholars (such as Sir Nigel Rodley, Professor Javaid Rehman and Professor Malcolm Evans), along with emerging writers in the field, take Professor Ghandhi’s body of work—focussed on human rights protection through legal institutions—as a starting point for a variety of analytical essays. Adjudicating International Human Rights includes chapters devoted to human rights protection in a number of different institutional contexts, ranging from the ICJ and the Human Rights Committee to truth commissions and NAFTA arbitration tribunals.

Customary International Humanitarian Law, Volume I: Rules is a comprehensive analysis of the customary rules of international humanitarian law applicable in international and non-international armed conflicts. In the absence of ratifications of important treaties in this area, this is clearly a publication of major importance, carried out at the express request of the international community. In so doing, this study identifies the common core of international humanitarian law binding on all parties to all armed conflicts. Comment Don:RWI.

Patrick Dumberry provides a comprehensive analysis of the rules of customary international law in the field of international investment law.

Fundamentals of Public International Law, by Giovanni Distefano, provides an overview of public international law’s main principles and fundamental institutions.