Revival: Legitimacy Deficit In Custom: Towards A Deconstructionist Theory (2001) Towards A Deconstructionist Theory | Religion

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Revival: Legitimacy Deficit In Custom: Towards A Deconstructionist Theory (2001) Towards A Deconstructionist Theory | Religion

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This title was first published in 2001. A discussion of customary international law (CIL). Througho…

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Revival: Legitimacy Deficit In Custom: Towards A Deconstructionist Theory (2001) Towards A Deconstructionist Theory | Religion

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