Customary International Law in Times of Fundamental Change: Recognizing Grotian Moments

ISBN-13: 9781107035232 / Angielski / Twarda / 2013 / 237 str.

Michael P. Scharf

Opis

This is the first book to explore the concept of Grotian Moments. Named for Hugo Grotius, whose masterpiece De Jure Belli ac Pacis helped marshal in the modern system of international law, Grotian Moments are transformative developments that generate the unique conditions for accelerated formation of customary international law. In periods of fundamental change, whether by technological advances, the commission of new forms of crimes against humanity, or the development of new means of warfare or terrorism, customary international law may form much more rapidly and with less state practice than is normally the case to keep up with the pace of developments. The book examines the historic underpinnings of the Grotian Moment concept, provides a theoretical framework for testing its existence and application, and analyzes six case studies of potential Grotian Moments: Nuremberg, the continental shelf, space law, the Yugoslavia Tribunal's Tadic decision, the 1999 NATO intervention in Serbia, and the 9/11 terrorist attacks."

Recenzje

'… this is an excellent book. It is clearly and engagingly written (as anyone familiar with Scharf's previous work would expect). The research underpinning it is similarly faultless. Moreover, it is short and to the point: its arguments are both concisely made and precisely targeted. This book is ultimately an extremely important addition to the literature. Its thesis is at the same time indisputable (in and of itself) and yet highly contestable both in terms of its framing and application to specific examples. Customary International Law in Times of Fundamental Change will undoubtedly spark important debate and further research on the process of expedited custom: a process that is controversial and potentially dangerous, but which - as Scharf ably demonstrates - undeniably occurs.' James A. Green, International and Comparative Law Quarterly

Spis treści

1. Introduction; 2. Historical context; 3. Theoretical underpinnings; 4. Nuremberg as Grotian moment; 5. The Truman proclamation on the continental shelf; 6. Outer space law; 7. The Yugoslavia tribunal's Tadic decision; 8. The responsibility to protect doctrine; 9. The response to 9/11; 10. Conclusion.