Modern Concepts of Customary International Law as a Manifestation of a Value-Based International Order
UNITY AND DIVERSITY IN INTERNATIONAL LAW, Andreas Zimmermann and Rainer Hofmann, eds., pp. 257-283, Duncker & Humblot, Berlin, 2006
26 Pages Posted: 2 Jul 2009 Last revised: 12 Nov 2010
Date Written: 2006
How to define customary international law has been subject to continuous scholarly debate. An examination of its formation in different fields of contemporary international law proofs that there is a trend to apply a concept different from the traditional understanding especially in human rights law and international humanitarian law. The purpose of this article is to outline this phenomenon and to ask whether it leads to a fragmentation of international law in general. The author argues that what is often described as modern customary international law is symptomatic for international law in its entirety. Rather than a matter of fragmentation it is evidence for the constitutionalization of international law which is increasingly concerned with values of the international community as such. The article concludes with recommendations for the future conceptualization of modern customary international law.
Keywords: Customary international law, constitutionalization, fragmentation
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