Kirgis Custom On A Sliding Scale

FREDERIC L. KIRGIS (RICK KIRGIS) Law School Association ...
FREDERIC L. KIRGIS (RICK KIRGIS) Law School Association Alumni Professor Emeritus Washington and Lee University School of Law Lexington, Custom on a Sliding Scale, 81 Am. J. Int'l L. 146 (1987) A Wishful Thinker's Rehearing in the Hague Case, ... View This Document

The Peremptory Norms Of The International Community
Described as a ‘sliding scale’.7 The issue remains: why is one norm weightier or more fundamental than another? Further problems remain. A sense of permanence in time 7 Kirgis, ‘Custom as a Sliding Scale’, 81 AJIL (1987) 146. 8 Also see Forti v. ... Get Document

The Role Of The International Criminal Judge In The Formation ...
The Role of the International Criminal Judge in the Formation of Customary International Law 88 F.L. KIRGIS, “Custom on a Sliding Scale”, supra note 11. 89 Ibid., at p. 149. 90 Usus = use, experience, skill, advantage, profit, to use, employ, ... Retrieve Document

The Peremptory Norms Of The International Community
To examine why a peremptory norm is binding. The latter issue addresses the referent of the identity issue: namely, the international community as a whole. 7 Kirgis, ‘Custom as a Sliding Scale’, 81 AJIL (1987) 146. 8 Also see Forti v. ... Access Document

Meeting Of 9 May 2007 - European University Institute
The meeting of 9 May 2007 was devoted to the issue of : Frederick Kirgis’s sliding scale, which introduced the relative significance, 1 I Frederick L. Kirgis, Jr., ‘Custom on a Sliding Scale’, 81 American Journal of International Law 146 ... View Full Source

Degrees Of Self-Determination In The United Nations Era
Degrees of Self-Determination in the United Nations Era Frederic L. Kirgis Washington and Lee University School of Law, kirgisr@wlu.edu 21 See Frederic L. Kirgis, Jr., Custom on a Sliding Scale, 81 AJIL 146, 149 (1987). ... View Document

In Defence Of Relative Normativity - University Of Oxford
(1996). ‘In Defence of Relative Normativity: Communitarian Values and the Nicaragua Case’, Oxford Journal of B. Custom on a Sliding Scale. Frederic L. Kirgis' schematization of the method for deriving customary norms applied in the Nicaragua case provides vital assistance in ... Fetch Content

NATIONAL CRIMINAL JURISDICTION
By other States in so far as it is consistent with international law conventions, international custom 11 Frederick L. Kirgis, “Custom on a Sliding Scale”, American Journal of International Law 81, 1988 p. 146. 7 Treaty based universal jurisdiction: ... Retrieve Content

HOPE WITHOUT FEAR:
HOPE WITHOUT FEAR: CUSTOMARY INTERNATIONAL LAW AND THE QUEST . FOR GLOBAL JUSTICE. John Tasioulas. University of Oxford. THIS IS A ROUGH DRAFT. F. L. Kirgis, 'Custom on a Sliding Scale', 81 American Journal of International Law 146 (1987). Id., p.149. ... Get Doc

1. Introduction - Duke University School Of Law
Defined in a coherent manner but it is the element of custom that renders mere behavioural patterns or habits into legally binding rules. The grounds for the belief in the practice being legally binding reflect a general vision of nations (and increasingly other actors ... View Document

Custom on A Sliding Scale - Washington And Lee University
Frederic L. Kirgis,Custom on a Sliding Scale, 81 Am. J. Int'l L. 146 (1987). +(,121/,1(Citation: 81 Am. J. Int'l L. 77 1987 Content downloaded/printed from HeinOnline (http://heinonline.org) Tue Sep 9 12:57:50 2014 CUSTOM ON A SLIDING SCALE ... Visit Document

Opinio Juris And The Formation Of Custom
It must have a requisite grounding in general state practice and opinio juris. Still, custom as positivistically we can treat Kirgis' sliding scale conception of custom as a sketch of that part of a working theory of the interpretation of customary law that elaborates the relationship ... Retrieve Here

Behind Relative Normativity: Rules And Process As ...
5 Kirgis, ‘Custom on a Sliding Scale’, 81 AJIL (1987) 146. 6 As suggested by Simma: see Tasioulas, supra note 3, at 110. Relative normativity allowed the court to reach an acceptable conclusion in Nicaragua.42 Statism would not have done so. ... Content Retrieval

JUS5540 - Public International Law Seminars For PIL Master ...
F.L. Kirgis, ‘Custom on a Sliding Scale’ (1987) 81 American Journal of International Law 146 M. Akehurst, ‘Custom as a Source of International Law’ (1974-5) British Year Book of International Law 1 . 4 ... Return Doc

Customary Law, Consent, And The Status Quo Paradox
Should be irrelevant in certain areas of customary law); Frederic L. Kirgis, Custom on a Sliding Scale, 81 AM. J. INT’L L identifying customary international law.32 One approach is the traditional one, ... View Doc

FUZZY LOGIC AND THE SLIDING SCALE THEOREM
FUZZY LOGIC AND THE SLIDING SCALE THEOREM Frederic L. Kirgis* [Mlost legal problems end as questions of degree.' The law operates principally in the context of ordinary transactions and relationships. Consequently it is important to develop insights into ... Retrieve Doc

An Emerging Norm - Determining The Meaning And Legal Status ...
Ductive, finding custom from the repeated actions of states and then testing 149 (1987). Kirgis notes [o]n the sliding scale, very frequent, consistent state practice establishes a custom-ary rule without much (or any) ... Read Content

AN EMERGING NORM? DETERMINING THE MEANING AND LEGAL STATUS OF ...
Responsibility to Protect..783 III. The General Assembly Debates ..784 A See, e.g., Frederic L. Kirgis, Jr., Custom on a Sliding Scale, 81 Am. J. Int’l L. 146, 149 (1987). Kirgis notes ... Access Doc

Conceptual Confusion And Methodological Deficiencies: Some ...
Frederic Kirgis’ sliding scale theory, various forms of rational choice theory, Brian Lepard’s and Guzman’s subjective approaches, 1 See Kirgis, ‘Custom on a Sliding Scale’, 81 American Journal of International Law (AJIL) (1987) 146; J.L. ... Read Here

Constitutionalisation At Its Best Or At Its Worst? Lessons ...
12 F. Kirgis, ‘Custom on a Sliding Scale’, 81 AJIL, p 146; norm of customary international law were the opinions expressed by the ICRC. Though it is the most important non-governmental organisation in the field of international humanitarian law with ... View This Document