Custom in International Economic Law

The Concept of Special Custom in International Law

There are regrettably few cases in international law that go into the question of the proof necessary to establish a customary rule binding upon the defendant state. And from those few cases, notably those decided by the World Court, most writers have drawn pessimistic conclusions as to the proof needed for custom because of the Court's apparent insistence, in Professor Falk's words, upon “some...

from custom constitution to custom constitutional law

from the perspective of experts, custom as moral rules binding takesplace in source of law. however, clarify its position in constitutional lawneeds to know history of custom presence in basic documents which governon human societies. known dividing constitutions into two main categories,codified and customary, only will be clarified part of the extensive.because above division, as many experts...

economic sanction from pout of uiew of international law with emphasis on international economic law right of development

the development of international law has obliged the states to observe the principles and customs of international law in their intenational relations. economic sanction is the one of them. it is used as a political tool but discussed as an legal issue among the international law issue. there are three approcch on this issue ( economic sanction) first strict legality approach second relative le...

Customary Law Without Custom? Rules, Principles, and the Role of State Practice in International Norm Creation

International Custom as a Source of Law in Global Electronic Commerce

The law has failed to keep apace with the rapid rise in e-commerce. This is particularly so when e-commerce spans national boundaries. There exists a regulatory gap that may result in unexpected outcomes for e-commerce companies involved in litigation. This paper investigates the possibility and feasibility of employing the concept of international commercial custom (hereinafter referred to as ...