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

Towards a Deconstructionist Theory

Nonfiction, Social & Cultural Studies, Social Science
Cover of the book Revival: Legitimacy Deficit in Custom: Towards a Deconstructionist Theory (2001) by Ben Chiagra, Taylor and Francis
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Author: Ben Chiagra ISBN: 9781351766760
Publisher: Taylor and Francis Publication: July 5, 2017
Imprint: Routledge Language: English
Author: Ben Chiagra
ISBN: 9781351766760
Publisher: Taylor and Francis
Publication: July 5, 2017
Imprint: Routledge
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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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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