A critical analysis of orthodox approaches to customary international law and the search for transcendence

WESTABY, Chalen (2007). A critical analysis of orthodox approaches to customary international law and the search for transcendence. Journal of the Philosophy of International Law, 2, 6-38.

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Abstract

The aim of this article is to highlight the consequences of employing an orthodox approach to the analysis of customary international law. This will be achieved by analysing the methodology of a number of international legal scholars, including the seminar article by Mendelson which deals with the subjective element in international law. It will also tackle whether a methodology that incorporates another discipline, can allow the international lawyer to transcend the boundaries created by adopting an orthodox approach. In the first instance, approaches that incorporate the discipline of international relations and diplomatic history will be considered. However, the article will then move on to argue for an extension of the interdisciplinary approach, with the presentation of law and literature which combines thick description and a "way of reading".

Item Type: Article
Depositing User: Chalen Westaby
Date Deposited: 07 Aug 2017 08:52
Last Modified: 07 Aug 2017 08:52
URI: http://shura.shu.ac.uk/id/eprint/14792

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