2008 | Public and Private Law in the Global Adjudication System
Event Title
Topic I: Customary Norms in Public and Private International Adjudicatory Systems
Location
Duke Law School, Room 4047
Start Date
15-2-2008 9:30 AM
End Date
15-2-2008 10:30 AM
Description
According to article 38 of the Statute of the International Court of Justice, the sources of international law are treaties, general principles of law, judicial decisions and scholarly opinions, and "international custom, as evidence of a general practice accepted as law." This panel discusses the role of international custom in transnational arbitration, with particular emphasis on the weight of customary norms in individual disputes and the precedential value of customary norms in future arbitral decisions.
Appearing: Deborah A. DeMott (Duke Law School), moderator; Patrick Kelly (Widener Law School), Jan Dalhuisen (King's College London), panelists.
Related Paper
J. Patrick Kelly, Naturalism in International Adjudication, 18 Duke Journal of Comparative & International Law 395-422 (2008)
Available at: http://scholarship.law.duke.edu/djcil/vol18/iss2/6
Related Paper II
J. H. Dalhuisen, Custom and Its Revival in Transnational Private Law, 18 Duke Journal of Comparative & International Law 339-370 (2008)
Available at: http://scholarship.law.duke.edu/djcil/vol18/iss2/4
Topic I: Customary Norms in Public and Private International Adjudicatory Systems
Duke Law School, Room 4047
According to article 38 of the Statute of the International Court of Justice, the sources of international law are treaties, general principles of law, judicial decisions and scholarly opinions, and "international custom, as evidence of a general practice accepted as law." This panel discusses the role of international custom in transnational arbitration, with particular emphasis on the weight of customary norms in individual disputes and the precedential value of customary norms in future arbitral decisions.
Appearing: Deborah A. DeMott (Duke Law School), moderator; Patrick Kelly (Widener Law School), Jan Dalhuisen (King's College London), panelists.