Cookies Policy
X

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Meta-Custom and the Court: A Study in Judicial Law-Making

No metrics data to plot.
The attempt to load metrics for this article has failed.
The attempt to plot a graph for these metrics has failed.
The full text of this article is not currently available.

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this article

+ Tax (if applicable)
Add to Favorites
You must be logged in to use this functionality

Customary international law is one of the two main sources of international law. Yet there remains considerable uncertainty about the process through which rules of custom emerge or subsist – the ‘meta-law of custom’, which is now under consideration within the un International Law Commission (ilc). This article does not rehearse arguments about these uncertainties nor indeed engage with the current work of the ilc. Instead, it focuses on areas of certainty, viz. aspects of the law of meta-custom that are generally agreed and on which the ilc can draw. It argues that this certainty is the product of decades of jurisprudence, first of the Permanent Court and then of the International Court of Justice. In highlighting four crucial contributions and situating them in the debate about judicial law-making, this article seeks to raise awareness for the World Court’s (often unacknowledged) role in shaping the meta-law of custom.

Affiliations: 1: University of Glasgowchristian.tams@glasgow.ac.uk

10.1163/15718034-12341285
/content/journals/10.1163/15718034-12341285
dcterms_title,pub_keyword,dcterms_description,pub_author
10
5
Loading
Loading

Full text loading...

/content/journals/10.1163/15718034-12341285
Loading

Data & Media loading...

http://brill.metastore.ingenta.com/content/journals/10.1163/15718034-12341285
Loading

Article metrics loading...

/content/journals/10.1163/15718034-12341285
2015-04-10
2018-04-20

Sign-in

Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Subscribe to ToC alert
  • Get permissions
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
     
    The Law & Practice of International Courts and Tribunals — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation