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

Download or read book Revival: Legitimacy Deficit in Custom: Towards a Deconstructionist Theory (2001) written by Ben Chiagra and published by Routledge. This book was released on 2017-07-05 with total page 563 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.