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Customary international law and the place of normative considerations

Voyiakis, Emmanuel (2010) Customary international law and the place of normative considerations. American Journal of Jurisprudence, 55 (1). pp. 163-200. ISSN 0065-8995

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A large part of the theory of customary international law subscribes to the idea that we can determine the content of international custom by attending to certain social facts about the behaviour and intentions or beliefs of international agents. I argue that this idea is mistaken insofar as it excludes from the determinants of customary legal content the only considerations that could explain which social facts are significant, by how much, and which propositions of law they support: normative considerations.

Item Type: Article
Official URL:
Additional Information: © 2010 Notre Dame Law School
Divisions: Law
Subjects: K Law > K Law (General)
Date Deposited: 26 Sep 2011 08:59
Last Modified: 20 Oct 2021 23:11

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