The Persistent Objector Rule in International Law

Nonfiction, Reference & Language, Law, International, Social & Cultural Studies, Political Science
Cover of the book The Persistent Objector Rule in International Law by James A. Green, OUP Oxford
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: James A. Green ISBN: 9780191009570
Publisher: OUP Oxford Publication: March 3, 2016
Imprint: OUP Oxford Language: English
Author: James A. Green
ISBN: 9780191009570
Publisher: OUP Oxford
Publication: March 3, 2016
Imprint: OUP Oxford
Language: English

The persistent objector rule is said to provide states with an 'escape hatch' from the otherwise universal binding force of customary international law. It provides that if a state persistently objects to a newly emerging norm of customary international law during the formation of that norm, then the objecting state is exempt from the norm once it crystallises into law. The conceptual role of the rule may be interpreted as straightforward: to preserve the fundamentalist positivist notion that any norm of international law can only bind a state that has consented to be bound by it. In reality, however, numerous unanswered questions exist about the way that it works in practice. Through focused analysis of state practice, this monograph provides a detailed understanding of how the rule emerged and operates, how it should be conceptualised, and what its implications are for the binding nature of customary international law. It argues that the persistent objector rule ultimately has an important role to play in the mixture of consent and consensus that underpins international law.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

The persistent objector rule is said to provide states with an 'escape hatch' from the otherwise universal binding force of customary international law. It provides that if a state persistently objects to a newly emerging norm of customary international law during the formation of that norm, then the objecting state is exempt from the norm once it crystallises into law. The conceptual role of the rule may be interpreted as straightforward: to preserve the fundamentalist positivist notion that any norm of international law can only bind a state that has consented to be bound by it. In reality, however, numerous unanswered questions exist about the way that it works in practice. Through focused analysis of state practice, this monograph provides a detailed understanding of how the rule emerged and operates, how it should be conceptualised, and what its implications are for the binding nature of customary international law. It argues that the persistent objector rule ultimately has an important role to play in the mixture of consent and consensus that underpins international law.

More books from OUP Oxford

Cover of the book Shakespeare and Literary Theory by James A. Green
Cover of the book Rorke's Drift and Isandlwana by James A. Green
Cover of the book Nutrition: A Very Short Introduction by James A. Green
Cover of the book Damages Claims for the Infringement of EU Competition Law by James A. Green
Cover of the book Mind the Body by James A. Green
Cover of the book The Accountability of Armed Groups under Human Rights Law by James A. Green
Cover of the book Tax By Design by James A. Green
Cover of the book Darwin's Lost World by James A. Green
Cover of the book Principles of Lender Liability by James A. Green
Cover of the book Social Justice and the Legitimacy of Slavery by James A. Green
Cover of the book Introduction to General Relativity, Black Holes, and Cosmology by James A. Green
Cover of the book Communities of Respect by James A. Green
Cover of the book EU External Relations Law by James A. Green
Cover of the book From Taverns to Gastropubs by James A. Green
Cover of the book Jus Post Bellum by James A. Green
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy