Kirgis Sliding Scale

An Emerging Norm - Determining The Meaning And Legal Status ...
Kirgis notes [o]n the sliding scale, very frequent, consistent state practice establishes a custom-ary rule without much (or any) affirmative showing of an opinio juris, so long as it is not negated by evidence of non-normative intent. As the ... Doc Viewer

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 ... Content Retrieval

Meeting Of 9 May 2007 - European University Institute
Meeting of 9 May 2007 Introduction For example, Frederick Kirgis’s sliding scale, which introduced the relative significance, or weight, of practice and opinio juris that is based on the idea that ‘the ... Document Retrieval

Opinio Juris And The Formation Of Custom
This is just the sort of dissonance between state practice and opinio juris encountered by the Court in Nicaragua ten years earlier, F. L. Kirgis, 'Custom on a Sliding Scale', 81 American Journal of International Law 146 (1987). Id., p.149. ... Access Document

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 Customary International Law in the International Court of Justice’s Jurisprudence: 2000‐2009, 60 ... Retrieve Here

The Degrees Of Self-Determination In The United Nations Era
THE DEGREES OF SELF-DETERMINATION IN THE UNITED NATIONS ERA 21 See Frederic L. Kirgis, Jr., Custom on a Sliding Scale, 81 AJIL 146, 149 (1987). 22 See LEE C. BUCHHEIT, SECESSION: THE LEGITIMACY OF SELF-DETERMINATION 92-96 (1978); Ved ... View Document

In Defence Of Relative Normativity - University Of Oxford
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 But the argument I have pursued barely scratches the surface in yielding a full-scale defence of relative normativity. ... Get Content Here

1. Introduction
Of basic human rights.5 Frederick Kirgis‟s sliding scale theory expresses the idea of the relative significance, or weight, of the state practice and opinio juris in the formation of a customary rule. The theory is based on the idea that “the more ... Return Doc

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. 7 Ibid, at 110–111. 8 Ibid, at 115. sliding scale conception of custom does not articulate a sufficiently complex relation between ... Access Doc

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. ... Document Viewer

AN EMERGING NORM? DETERMINING THE MEANING AND LEGAL STATUS OF ...
Kirgis notes [o]n the sliding scale, very frequent, consistent state practice establishes a custom-ary rule without much (or any) affirmative showing of an opinio juris, so long as it responsibility to protect as a pretext for its invasion,188 realizing exactly the ... View Document

Kosova’s Right To Independence Under International Law
AJIL 304 (1994) citting, Frederic L. Kirgis, Jr. Custom on a sliding scale, 81 AJIL 146 (1987), note 21). As one noted international legal scholar, Thomas ... Doc Viewer

Sources Of International Law - UiO
Sources of International Law •1. Treaties and conventions- Nuclear Test Ban Treaty •2. International Custom- prohibition of crimes •Kirgis Sliding Scale- Strong Practice, doesn’t need Opinio Juris, and vice versa •Lex ferenda v. ... Retrieve Doc

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). ... Fetch Full Source

Self-Determination Of Peoples And Polities April 3, 1992.
Remarks by Frederic L. Kirgis, Jr. Self-determination is one of those normative propositions that everyone agrees is part of international law. But self-determination runs along a sliding scale that could range from a right to a ... Read Here

The Peremptory Norms Of The International Community
Peremptory norm and the international community as a whole. 7 Kirgis, ‘Custom as a Sliding Scale’, 81 AJIL (1987) 146. 8 Also see Forti v. Suarez-Mason, 694 F. Supp. 707 (ND Cal. 1988) (Jensen, J.). at New York University School of Law on October 18, 2012 ... Document Retrieval

The Precautionary Principle, Multilateral Treaties And The ...
The Precautionary Principle, Multilateral Treaties and the Formation of Customary International Law A Symptom of a Larger Conundrum? Editions interuniversitaires suisses - Edis Kirgis' sliding scale 102 b. Roberts' reflective interpretive approach 103 4. ... Get Content Here

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 ... Retrieve Doc