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.

Streaming Media

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

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Feb 15th, 9:30 AM Feb 15th, 10:30 AM

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.