Custom, Power and the Power of Rules:

This book sets out to explain the most foundational aspect of international law in international relations terms. By doing so it goes straight to the central problem of international law--that although legally speaking all States are equal, socially speaking they clearly are not. As such it is an ambitious and controversial book that will be of interest to all international relations scholars and students and practitioners of international law.

Foreword

ix

James Crawford

Preface

xi

Acknowledgments

xiv

Table of cases

xvi

Table of treaties

xix

List of abbreviations

xxi

Part 1 An interdisciplinary perspective

Law and power

3

(18)

Some working assumptions

13

(2)

Power and the study of international law

15

(3)

Opinio juris, the customary process and the qualifying effects of international law

18

(3)

Law and international relations

21

(14)

Regime theory and institutionalism

24

(7)

The `English School'

31

(4)

Power and international law

35

(18)

Power and the debate about whether resolutions and declarations constitute State practice

40

(3)

Power and the scope of international human rights

43

(2)

Power and critical legal scholarship

45

(1)

Power as a threat to international law?

46

(7)

Part 2 International law and the application of power

The principle of jurisdiction

53

(22)

Jurisdiction and customary international law

55

(14)

Internal rules

57

(3)

Boundary rules

60

(5)

External rules

65

(4)

Jurisdiction by analogy

69

(6)

The principle of personality

75

(13)

Diplomatic protection

79

(3)

The `international minimum standard'

82

(2)

Stateless persons and refugees

84

(2)

Non-governmental organisations

86

(2)

The principle of reciprocity

88

(18)

Reciprocity and the making of claims

90

(11)

The Truman Proclamation

90

(2)

The Arctic Waters Pollution Prevention Act

92

(5)

An Act to Amend the Coastal Fisheries Protection Act

97

(4)

Reciprocity and negative responses to claims

101

(1)

Reciprocity and persistent objection

102

(4)

The principle of legitimate expectation

106

(23)

Legitimate expectation, acquiescence and customary international law

106

(1)

Legitimate expectation and international institutions

107

(2)

Legitimate expectation and relative resistance to change

109

(1)

Legitimate expectation and mistaken beliefs in pre-existing rules

110

(10)

State immunity from jurisdiction

110

(4)

The breadth of the territorial sea

114

(6)

Legitimate expectation and judgments of the International Court of Justice

120

(4)

Legitimate expectation and treaties

124

(5)

Part 3 The process of customary international law

Fundamental problems of customary international law

129

(18)

The chronological paradox

130

(3)

The character of State practice

133

(3)

The epistemological circle

136

(6)

Inferred consent

142

(5)

International relations and the process of customary international law

147

(19)

The determination of `common interests'

151

(5)

`Cost' and the identification of legally relevant State practice

156

(1)

Repetition and relative resistance to change

157

(3)

Time and repetition

160

(2)

The conspicuous character of some common interests

162

(4)

Related issues

166

(38)

Customary international law and treaties

166

(14)

The persistent objector

180

(3)

Jus cogens

183

(12)

Jus cogens and erga omnes rules

195

(9)

Conclusions

204

(18)

Distinguishing the `New Haven School'

207

(3)

A response to Koskenniemi

210

(4)

The interdisciplinary enterprise

214

(2)

Reconsidering the `realist' assumptions

216

(6)

Bibliography

222

(25)

Index

247

What is included with this book?

The New copy of this book will include any supplemental materials advertised. Please check the title of the book to determine if it should include any access cards, study guides, lab manuals, CDs, etc.

The Used, Rental and eBook copies of this book are not guaranteed to include any supplemental materials. Typically, only the book itself is included. This is true even if the title states it includes any access cards, study guides, lab manuals, CDs, etc.

FREE SHIPPING

Amazon no longer offers textbook rentals. We do!

Custom, Power and the Power of Rules: International Relations and Customary International Law

Summary

Table of Contents

Supplemental Materials