Discourse on Customary International Law

Custom is one of the sources of international law, consisting of state practice and opinio juris. This book takes a new and original approach to examining the structure of thought underlying arguments about customary international law, revealing surprising conclusions and demonstrating the discursive splendour of customary international law. It argues that customary international law is not the surviving trace of an ancient law-making mechanism but is shaped by texts and originates from a textual environment.

Format: Paperback / softback
Length: 192 pages
Publication date: 03 June 2021
Publisher: Oxford University Press

Custom is a vital source of international law, comprising two essential elements: state practice and opinio juris. While numerous studies have explored traditional questions regarding the identification of customary law, this book takes a fresh and innovative approach. Instead of focusing on conventional methods of identifying customary international law, it delves into the underlying structures of thought that shape arguments about this legal domain. By examining these thought structures, the book reveals surprising conclusions and showcases the author's description of customary international law's discursive splendor.

The book guides the reader through an insightful analysis of eight distinct performances at work in the discourse on customary international law. One of its central claims is that customary international law is not merely a surviving remnant of an ancient law-making mechanism prevalent in traditional societies. Rather, as the book demonstrates throughout, customary international law is a dynamic and contemporary legal framework that reflects modern thinking in numerous ways. Moreover, contrary to mainstream opinion, customary international law is not solely shaped by historical practices and customs. It is argued that texts play a significant role in shaping customary international law and that it originates from a textual environment.

This book offers an engaging account of customary international law, prompting readers to reevaluate their understanding of this fundamental aspect of the discipline. It challenges traditional perspectives and encourages a more nuanced and comprehensive approach to studying international law. By exploring the interplay between state practice, opinio juris, and textual influences, this book provides valuable insights into the evolution and development of customary international law. It serves as a valuable resource for scholars, practitioners, and anyone interested in understanding the complex and evolving nature of international law.

Weight: 258g
Dimension: 138 x 215 x 18 (mm)
ISBN-13: 9780192843913