A Disaggregative View of Customary International Law-Making

A State Preferences Account of Customary International Law Adjudication

The standard account today of customary international law (CIL) is that it arises from the widespread and consistent practice of states followed out of a sense of legal obligation. Although commonly recited, this account is plagued by evidentiary, normative, and conceptual difficulties, and it has been subjected to increasing criticism in recent years. This paper posits a different account of C...

The Formation of Customary Law

An Evolutionary Contractarian View of Primitive Law: The Institutions and Incentives Arising Under Customary Indian Law

The European conquest and absorption of native American Indian groups obviously produced tremendous changes in the way Indians live and interact with one another. One very important source of change in Indian life was the changes in the rules and institutions of Indian law. Few Indian groups had any sort of strong central legal authority before Europeans began to exert various types of influenc...

Analyzing law-making from a business process view: The paradox of law-making

REQUIRED) The law-making process is the source of legislation and is inextricably bound up with the developments of improving the efficiency and effectiveness of e-government. Against this backdrop, both the normative law-making process (as prescribed in law) and the law-making processes as found in practice are being analyzed. Both types of processes are modeled using Business Process Modeling...

The Emerging Customary Law of Space