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The position and concept of custom in contemporary international law
Denk, Martin ; Šturma, Pavel (advisor) ; Ondřej, Jan (referee)
The position and concept of custom in contemporary international law Summary: The purpose of this thesis is to analyze the position and concept of customary law in contemporary international law. The terms "position" and "concept" are used in the meaning of the actual status of the custom within the system of sources of the international law, as well as in the meaning of "value" or "usefulness" of customary law in contemporary international society, also regarding the discussion of authors concerning increasing pace and extent of international relations as a potential ground for diminishment or refusal custom as a valid source of international law. The reason why we chose this topic is, amongst others, to show that even today, under contemporary situation, customary law still have the value within the system of the sources of international law, and its' position should not be abolished or even significantly diminished. The thesis consists of three main chapters. First chapter provides the look into the history, theory and position of custom as a socio-legal phenomenon in different legal cultures in order to describe the key aspects of the view of each of those cultures on intrastate (or intra-cultural) custom and customary law, allowing to stress certain similarities and differences. Subsection one of this...
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The position and concept of custom in contemporary international law
Denk, Martin ; Šturma, Pavel (advisor) ; Ondřej, Jan (referee)
The position and concept of custom in contemporary international law Summary: The purpose of this thesis is to analyze the position and concept of customary law in contemporary international law. The terms "position" and "concept" are used in the meaning of the actual status of the custom within the system of sources of the international law, as well as in the meaning of "value" or "usefulness" of customary law in contemporary international society, also regarding the discussion of authors concerning increasing pace and extent of international relations as a potential ground for diminishment or refusal custom as a valid source of international law. The reason why we chose this topic is, amongst others, to show that even today, under contemporary situation, customary law still have the value within the system of the sources of international law, and its' position should not be abolished or even significantly diminished. The thesis consists of three main chapters. First chapter provides the look into the history, theory and position of custom as a socio-legal phenomenon in different legal cultures in order to describe the key aspects of the view of each of those cultures on intrastate (or intra-cultural) custom and customary law, allowing to stress certain similarities and differences. Subsection one of this...
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