000			04793cam a2200421 i 4500
005			20250919002912.0
008			150408t20142014enka b 001 0 eng
020			_a9780415827416 (hardback) _cRM430.82
020			_a0415827418 (hardback)
020			_a9780203522868 (ebook)
039		9	_a201512161156 _badnan _c201506161204 _dadnan _c201506100942 _dmasrul _y04-08-2015 _zmasrul
040			_aDLC _beng _erda _cDLC _dYDX _dBTCTA _dOCLCO _dOCLCF _dCDX _dYDXCP _dUKMGB _dRCJ _dCGU _dPUL _dBDX _dCLU _dCHVBK _dUKM _erda
090			_aC74.025.A736 2
090			_aC74.025 _b.A736 2
100	1		_aArajarvi, Noora, _eauthor.
245	1	4	_aThe changing nature of customary international law : _bmethods of interpreting the concept of custom in international criminal tribunals / _cNoora Arajarvi.
264		1	_aLondon : _bRoutledge, _c2014.
264		4	_c©2014
300			_axix, 194 pages : _billustration ; _c24 cm.
336			_atext _2rdacontent
337			_aunmediated _2rdamedia
338			_avolume _2rdacarrier
490	1		_aRoutledge research in international law
504			_aIncludes bibliographical references (pages 166-181) and index.
505	0	0	_gIntroduction -- _tGenesis of customary international law and international criminal law -- _tNew concept of customary international law : the role of the international criminal judge -- _tCustomary international law in the decisions of the ICTY [International Criminal Tribunal for the Former Yugoslavia] -- _tThe principle of legality and customary international law -- _tThe need for a new conceptual framework for the sources in international law -- _gGeneral conclusion.
520			_a'This book examines the evolution of customary international law (CIL) as a source of international law analyzing the substantive definitions of state practice and opinio juris, the methods of their discovery and their increasing interlinked nature. It focuses on the importance of CIL in the development of international criminal law and in particular the ways in which international criminal courts and'hybrid' criminal tribunals can be said to be changing the ways in which CIL is determined. The book examines the role of international courts and tribunals in changing the nature of custom, analyzing the methodologies employed by the International Criminal Tribunal for Former Yugoslavia, the International Criminal Tribunal for Rwanda, Special Tribunal for Lebanon, the Extraordinary Chambers in the Courts of Cambodia, and the International Criminal Court. Through examination of the case-law and the reasoning of the courts Noora Arajarvi demonstrates that the tribunals have on occasions tilted towards innovative approaches in their interpretation and methods of finding the applicable customary international law. She shows how and to what extent the court's chosen method of application of CIL affects the process of custom formation as the judges may have the function of both applying and forming rules of CIL. This raises the question as to what level of judicial activism that should be acceptable in international courts as regards CIL'-- _cProvided by publisher.
520			_a'This book examines the evolution of customary international law (CIL) as a source of international law. Using the International Criminal Tribunal for the Former Yugoslavia (ICTY) as a key case study, the book explores the importance of CIL in the development of international criminal law and focuses on the ways in which international criminal courts and'hybrid' criminal tribunals can be said to change the ways in which CIL is determined. In doing so, the book surveys the process and substance of CIL, as well as the problematic distinction between the elements of state practice and opinio juris. By applying a positivist approach, Noora Araji analyses the methodologies employed by the ICTY, International Criminal Tribunal for Rwanda, Special Tribunal for Lebanon, the Extraordinary Chambers in the Courts of Cambodia, and the International Criminal Court. Through examination of the case-law and the reasoning of the courts, Arajarvi demonstrates to what extent the court's chosen method of application of CIL affects the process of custom formation. The book will be of great value to researchers and scholars of international law, international relations, and practitioners with interests in customary international law'-- _cProvided by publisher.
650		0	_aCustomary law, International.
650		0	_aInternational criminal courts.
830		0	_aRoutledge research in international law.
907			_a.b16116021 _b2019-11-12 _c2019-11-12
942			_c01 _n0 _kC74.025.A736 2
914			_avtls003583259
990			_amab
991			_aFakulti Undang-Undang
998			_au _b2015-08-04 _cm _da _feng _genk _y0 _z.b16116021
999			_c590576 _d590576