The Persistent Objector Rule in International Law
James A Green
Published:
2016
Online ISBN:
9780191773815
Print ISBN:
9780198704218
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The Persistent Objector Rule in International Law
James A Green
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James A Green
Pages
135–186
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Published:
March 2016
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Green, James A, 'The Timeliness Criterion', The Persistent Objector Rule in International Law (2016; online edn, Oxford Academic), https://doi.org/10.1093/law/9780198704218.003.0007, accessed 16 Aug. 2024.
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Abstract
This chapter analyses the last criterion for the operation of the persistent objector rule, namely, timeliness. A common feature of all mainstream understandings of the rule is that a state's objections must occur during the period where the embryonic customary law being objected to is still ‘emerging’. The chapter starts by identifying the timeless criterion in the literature and argues that state practice supports it in a broad sense. The chapter then argues that the commonly advanced justifications for the timeless criterion are unsatisfactory. The chapter then examines more pragmatic rationales. It also engages with arguments that have been made by a few commentators in support of an ex post facto right of withdrawal from customary international law. The chapter finally turns to the problems associated with actually applying the timeless criterion.
Keywords: History of international law, Choice of law, Conflict of laws, Customary international law, General principles of international law, Sources of international law
Subject
Theory of International Law History of International Law Settlement of Disputes Private International Law and Conflict of Laws Sources, Foundations and Principles of International Law
Collection: Oxford Scholarly Authorities on International Law
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