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Revival: Legitimacy Deficit in Custom: Towards a Deconstructionist Theory (2001): Towards a Deconstructionist Theory

Revival: Legitimacy Deficit in Custom: Towards a Deconstructionist Theory (2001): Towards a Deconstructionist Theory

Paperback

Series: Routledge Revivals

Religion General General Sociology

ISBN10: 1138717428
ISBN13: 9781138717428
Publisher: Routledge
Published: Jan 29 2019
Pages: 386
Weight: 1.19
Height: 0.80 Width: 6.14 Depth: 9.21
Language: English

This title was first published in 2001. A discussion of customary international law (CIL). Throughout the study particular values are examined for their potential effect on the legitimacy of the process of custom. The writer argues that, in order to achieve legitimacy enhancing transparency in the process of custom, it must be acknowledged first that the power applied by international tribunals when they inaugurate new norms of customary international law always creates categories of dominance and subservience, inclusion and exclusion. Such an acknowledgement would foster a situation where both the power applied by tribunals and the manner in which it is applied, can legally be scrutinized for excesses that limit first the transparency of the process of custom, and second the legitimacy of norms of customary international law.

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