Responsibility in International Law: General Principle or Institution of Customary Law?

Weak-Minded Responsibility in Iranian Criminal Law and Egyptian Law

In Iran's criminal law, humans are not only divided into wise or insane they are also persons who, on the one hand, do not fall under Article 149 of the Islamic Penal Code in the definition of insane persons and on the other hand, they are not wise, the rational age of these people is lower than their child's physical age that Affected by mental disorder and mental retardation. Article 91 of th...

The Formation of Customary Law

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...

Islamic Law , Customary Law , and Afghan Informal Justice

This report is part of the United States Institute of Peace’s (USIP) ongoing effort to understand the pluralist legal system of Afghanistan. It examines, compares, and contrasts Islamic law with traditional forms of justice in an attempt to elucidate how such rule of law approaches interact as well as provide a fuller understanding of each system to better guide rule of law practice, policy, an...

Principle of Prohibition of Harmful Use of Land and Dealing with Environmental Damage of Fine Dust in International Law with Emphasis on the Moral Responsibility of Countries

Background: Dust is one of the most important forms of air pollution. Pursuant to Article 21 of the declaration on the principle of non-harmful use of land, states are responsible, in accordance with the charter of the United Nations and the principles of international law, for arranging for activities within their competence or oversight to cause harm to the environment of other countries or r...