Nature of Customary international law: All we need is practice
The main objective of this paper is to critically assess the dominant additive theory of the formation of Customary International Law by using the concept of discursive normative practice and the work of Gerald Postema. My central conclusion is that the use of this concept provides an explanation of...
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| Format: | Article |
| Language: | English |
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Union University, Faculty of Law, Belgrade
2021-01-01
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| Series: | Pravni Zapisi |
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| Online Access: | https://scindeks-clanci.ceon.rs/data/pdf/2217-2815/2021/2217-28152102550H.pdf |
| _version_ | 1818776818629476352 |
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| author | Hrnjaz Miloš |
| author_facet | Hrnjaz Miloš |
| author_sort | Hrnjaz Miloš |
| collection | DOAJ |
| description | The main objective of this paper is to critically assess the dominant additive theory of the formation of Customary International Law by using the concept of discursive normative practice and the work of Gerald Postema. My central conclusion is that the use of this concept provides an explanation of the process of formation of Customary International Law that is superior to the additive theory which consists of two elements - practice and opinio juris. On the other hand, Postema's theory also has its own weaknesses, and this paper explores ways to improve it. |
| first_indexed | 2024-12-18T11:18:59Z |
| format | Article |
| id | doaj.art-6ad906f9a68447e4affc89cf67ca8591 |
| institution | Directory Open Access Journal |
| issn | 2217-2815 2406-1387 |
| language | English |
| last_indexed | 2024-12-18T11:18:59Z |
| publishDate | 2021-01-01 |
| publisher | Union University, Faculty of Law, Belgrade |
| record_format | Article |
| series | Pravni Zapisi |
| spelling | doaj.art-6ad906f9a68447e4affc89cf67ca85912022-12-21T21:09:52ZengUnion University, Faculty of Law, BelgradePravni Zapisi2217-28152406-13872021-01-0112255057610.5937/pravzap0-344522217-28152102550HNature of Customary international law: All we need is practiceHrnjaz Miloš0University of Belgrade, Faculty of Political Science, Belgrade, SerbiaThe main objective of this paper is to critically assess the dominant additive theory of the formation of Customary International Law by using the concept of discursive normative practice and the work of Gerald Postema. My central conclusion is that the use of this concept provides an explanation of the process of formation of Customary International Law that is superior to the additive theory which consists of two elements - practice and opinio juris. On the other hand, Postema's theory also has its own weaknesses, and this paper explores ways to improve it.https://scindeks-clanci.ceon.rs/data/pdf/2217-2815/2021/2217-28152102550H.pdfinternational lawcustomary international lawinternational court of justicesources of international lawdiscursive normative practice |
| spellingShingle | Hrnjaz Miloš Nature of Customary international law: All we need is practice Pravni Zapisi international law customary international law international court of justice sources of international law discursive normative practice |
| title | Nature of Customary international law: All we need is practice |
| title_full | Nature of Customary international law: All we need is practice |
| title_fullStr | Nature of Customary international law: All we need is practice |
| title_full_unstemmed | Nature of Customary international law: All we need is practice |
| title_short | Nature of Customary international law: All we need is practice |
| title_sort | nature of customary international law all we need is practice |
| topic | international law customary international law international court of justice sources of international law discursive normative practice |
| url | https://scindeks-clanci.ceon.rs/data/pdf/2217-2815/2021/2217-28152102550H.pdf |
| work_keys_str_mv | AT hrnjazmilos natureofcustomaryinternationallawallweneedispractice |