Methodologies of Customary International Law on Use of Force
Date:
June 29, 2023
Time:
In this seminar, we will cover:
- Controversies about customary rules on self-defense and humanitarian intervention, viewed as debate about the proper methodology for defining the content of the customary rule.
- Restrictive approach to customary prohibition on use of force, based on: equality of treaty and custom; formal sources; voluntarist or formalist tendencies; opinio juris as dominant element; role of legal discourse; gradual evolution of custom; and equality between states.
- Extensive approach to customary prohibition on use of force, based on: custom as privileged source; formal and material sources; policy-oriented or objectivist tendencies; state practice as the dominant element; role of political organs; rapidly evolving custom; and dominant role of major states.
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