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Title: Custom, power, and the power of rules : a study of the interaction of power and rules in the process of customary international law
Author: Byers, M.
Awarding Body: University of Cambridge
Current Institution: University of Cambridge
Date of Award: 1996
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The process of customary international law is the process whereby rules of customary international law are developed, maintained or changed. This thesis studies the role of power, in its most general sense, within that process. It seeks to do so from an interdisciplinary perspective, combining elements of international relations theory and methodology with aspects of the history, theory and practice of international law. Chapter One examines the various ways in which the discipline of international relations has, over its relatively brief history, dealt with international law, with a particular emphasis on recent efforts by some international relations scholars to reconsider the role of international law and incorporate it into their explanations of State behaviour. Chapter Two examines how the discipline of international law has dealt with the issue of power, and how most legal scholars remain unaccustomed to thinking about how applications of power can generate international law. Chapter Three reviews a number of theoretical problems associated with the process of customary international law, as well as some of the attempts that have been made to resolve them. It also suggests reasons why existing theories of customary international law remain unsatisfactory and sets out criteria for a new theory of customary international law. Chapter Four responds to the problems identified in Chapter Three by advancing an alternative theory of customary international law. This theory is based on the hypothesis that the process of customary international law involves the interaction of "State power" and "legal power", each of which affects the other in the development, maintenance and change of customary rules. Chapter Five situates this new theory of customary international law with respect to several important and related approaches to international legal theory.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID:  DOI: Not available