Identification of custom in international 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...

"COVID-19" and International Law: Prosecution of China in International Court of Justice

"COVID-19", which was first seen in China in December 2019, outbreak worldwide in a short time and took the lives of many people around the world. In addition to claims concerning Chinachr('39')s fault in creating the disease and failing to prevent its spread, it is seriously claimed that China has delayed and sometimes incorrectly reported information concerning disease to the World Health Org...

The Theoretical Foundations of Jus Cogens in International Law

International Law has it's Constituent elements (legal systems, regimes and collections of rules); Those have  interrelations from which legal networks are created. Having this in mind,  the question is whether these Constituent elements only have horizental nexus or are ordered by means of factors which unified them in a vertical manner and because of that International Law is named legal orde...

a contrastive study of rhetorical functions of citation in iranian and international elt scopus journals

writing an academic article requires the researchers to provide support for their works by learning how to cite the works of others. various studies regarding the analysis of citation in m.a theses have been done, while little work has been done on comparison of citations among elt scopus journal articles, and so the dearth of research in this area demands for further investigation into citatio...

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