Customary International Law: A Vehicle on the Road from Istopia to Eutopia?
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Customary International Law: A Vehicle on the Road from Istopia to Eutopia?
German Yearbook of International Law, Vol. 60 (2018), Iss. 1 : pp. 423–449
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Wiebke Staff, Research Associate and PhD Candidate at the Walther Schücking Institute for International Law, Kiel.
Abstract
Despite the rather non-legal nature of most classic utopias, law, and also international law, plays a major role in Philip Allott’s work, including ‘Eutopia’. Law not only frames any society, but it can also be the means of changing a society and thus be used as a vehicle on the road from Istopia to Eutopia. In international law, the generally more foundational nature of customary international law (despite the many ongoing uncertainties as to several of its characteristics) as opposed to treaty law allows for the former to be a more convenient vehicle: It is more open to normative considerations and changes, it is more susceptible to influences from actors other than States and maybe even to legislators other than States, and, if need be, it can develop in amazingly short timeframes. Therefore we, the members of the international society, should focus our attention on customary international law and find ways how to steer it safely towards Eutopia.
Table of Contents
| Section Title | Page | Action | Price |
|---|---|---|---|
| Wiebke Staff: Customary International Law: A Vehicle on the Road from Istopia to Eutopia? | 1 | ||
| I. International Law in Istopia | 2 | ||
| II. International Law in Eutopia | 6 | ||
| III. Getting from Istopia to Eutopia | 6 | ||
| A. Treaty Law, Customary International Law, and General Principles of Law | 7 | ||
| B. Customary International Law as a Vehicle | 1 | ||
| 1. Customary International Law as a Normative System | 1 | ||
| 2. International Governmental Organisations | 1 | ||
| 3. International Courts and Tribunals | 1 | ||
| 4. The Question of Time | 2 | ||
| 5. Persistent Objector | 2 | ||
| IV. Conclusion | 2 |