Introduction: The limits of consent in international law -- A theory of consensus-based international law -- The universal ban on extreme internal state violence -- The violent persecution of minorities -- Torture -- Civilian immunity in domestic armed conflicts -- International consensus and the future of international law.
Summary:
"The introductory chapter outlines the issues raised in the subsequent five chapters. It argues that current theories regarding the sources of international law lack a foundation for explaining how states can be required to assume legal obligations that transcend state consent. In making this case, the chapter critiques attempts to expand the concept of customary international law to include certain types of legal norms that form over a short period of time without necessarily reflecting widespread, consistent state practice. Rather, it provides an overview of current theories on the sources of international law and examines how international law is directly connected to the four variables that characterize the structure of the international system: the nature of the constitutive units; the organizing principles of the system; the density of interaction among the units; and the scope and depth of institutionalization within the system"-- Provided by publisher.
This resource is supported by the Institute of Museum and Library Services under the provisions of the Library Services and Technology Act as administered by State Library of Iowa.