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How International Law WorksA Rational Choice Theory$
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Andrew Guzman

Print publication date: 2008

Print ISBN-13: 9780195305562

Published to Oxford Scholarship Online: January 2008

DOI: 10.1093/acprof:oso/9780195305562.001.0001

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 Customary International Law

 Customary International Law

Chapter:
(p.183) 5 Customary International Law
Source:
How International Law Works
Author(s):

Andrew T Guzman (Contributor Webpage)

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195305562.003.0005

This chapter applies the theory of international law (developed earlier in the book) to customary international law. The way in which reputation, retaliation, and reciprocity support a body of less formalized legal rules, that operate more forcefully than mere norms, is explained. The chapter reconsiders traditional views of custom and in particular the requirements of opinio juris and general practice, explaining why a better definition of custom would demand on the former.

Keywords:   customary international law, custom, norms, opinio juris, general practice

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