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 tribunals can be said to change the ways in
which CIL is formed and identified. 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 an inclusive positivist approach, Noora Arajarvi
analyses the methodologies of identification of CIL in selected
cases of the ICTY, and their normative foundations. Through
examination of the case-law and the reasoning of courts and
tribunals, Arajarvi demonstrates to what extent the court's chosen
method of identification of CIL affects the process of custom
formation and the resulting system of norms in general. The book
will be of great value to researchers and scholars of international
law, international relations, and practitioners with interests in
customary international law.
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