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Methodological Issues

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Chapter Summary

A discussion of emerging international policy on civil conflict and coup d'état can be based on a descriptive analysis of the practice, to determine whether certain policy positions are gaining widespread support and becoming established. However, the discussion of customary law requires a more extensive methodological framework, both with respect to what broad approach is appropriate in the context of civil conflict and coup d'état, and also with respect to the role the Security Council plays in shaping new international law. In formal terms, the formation of customary law requires evidence of both opinio juris and material practice. The nature and impact of Council practice has been addressed as an aside to the question of the International Court of Justice (ICJ) review of Council decisions.

Keywords: civil conflict; coup d'état; customary law methodology; International Law; security council



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