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11 - Conclusions

Published online by Cambridge University Press:  22 September 2009

Michael Byers
Affiliation:
Duke University, North Carolina
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Summary

An interdisciplinary approach to the study of customary international law may offer many ideas and insights both to international lawyers and to international relations scholars. It may, for example, enable us better to understand the origins of the process of customary international law – and thus of obligation within the international legal system – by seeing that process as but one of many similar customary processes which have existed, and continue to exist, in many different societies, at various levels of social, political and legal development.

More specifically, an interdisciplinary approach to customary international law may change the way we think about ‘system consent’, that is, the idea that States have consented to the entire process of customary international law rather than to each individual rule by which they are bound. The members of the various societies within which customary processes operate clearly have differing degrees of awareness as to their own participatory role in the development, maintenance and change of customary rules. In some societies such ‘law-makers’ may only become aware that a customary law process is operating once other law-makers begin to rely on some of the resulting rules in contentious situations. It is therefore possible that customary processes do not even need to be based on the consent of the law-maker to a pre-existing set of ‘secondary’ or ‘constitutional’ rules.

Type
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Custom, Power and the Power of Rules
International Relations and Customary International Law
, pp. 204 - 221
Publisher: Cambridge University Press
Print publication year: 1999

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  • Conclusions
  • Michael Byers, Duke University, North Carolina
  • Book: Custom, Power and the Power of Rules
  • Online publication: 22 September 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511491269.013
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  • Conclusions
  • Michael Byers, Duke University, North Carolina
  • Book: Custom, Power and the Power of Rules
  • Online publication: 22 September 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511491269.013
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Conclusions
  • Michael Byers, Duke University, North Carolina
  • Book: Custom, Power and the Power of Rules
  • Online publication: 22 September 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511491269.013
Available formats
×