Customary International Law: A Third World Perspective

International Law and the Third World

A Third World Perspective

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

Traditional governance and African customary law: Comparative observations from a Namibian perspective

The traditional versus the modern, the modern in the traditional, the traditional in the modern: topics high on the agenda of scholars and politicians! Emphasising one’s own (past) culture is widely practiced and part of political discourses at local, national and even international levels. The focus on one’s own culture may serve different purposes. It may be a pretext for covering otherwise u...