Texas International Law Journal

Texas International Law Journal is an academic journal focusing on Texas International Law

Articles from Vol. 48, No. 3, Summer

Contextualizing Legitimacy
SUMMARYINTRODUCTION .................... 536II. INADEQUACY: FAILING TO CREATE LEGITIMACY .................... 556A. The Role of Regional Organizations in Implementing the Responsibility to Prevent .................... 556B. Regional Organization as the...
Custom in American Property Law: A Vanishing Act
SummaryIntroduction.................... 507I. The Informational Trade-Off.................... 509A. Generality and Formality.................... 511B. In Personam Versus in Rem.................... 514II. Quasi in rem Custom as a Laboratory.......................
False Jurisdictions? A Revisionist Take on Customary (Religious) Law in Germany
SUMMARYINTRODUCTION: CUSTOM AS A SOCIAL LEGAL ORDER? ....................... 435I. THE GERMAN LEGAL LANDSCAPE: RELIGION, STATE, AND CUSTOM ....... 439II. PLURAL BELONGINGS AND RELIGION'S EXTERNAL BOUNDARIES ......... 445III. ADJUDICATORY CONTRADICTIONS...
In the Name of Custom, Culture, and the Constitution: Korean Customary Law in Flux
SummaryIntroduction 357I. Jurisprudence of Custom 363A. Concepts of Customary Law 363B. Custom and Reason 366C. Confucian Culture and Constitutional Challenges 368II. Bordering Tradition and Legislation: Custom-Based Statutes .372A. Ancestor Memorial...
Introduction: Lessons from the History of Custom
The articles in this symposium issue demonstrate the problems and potential in the use of custom in modern legal systems. Marie Kim describes South Korea's struggles to fit custom, both age-old and possibly recently invented, into a modern constitutional...
Legal Autonomy versus Regulatory Law: Customary Law in East Nordic Countries
SUMMARYINTRODUCTION AND CONTEXT .................... 393I. LEGAL CUSTOMS AND CUSTOMARY LAW IN SWEDEN: A DEEP STRUCTURE PERSPECTIVE .................... 395II. CUSTOMARY LAW AUTHORIZED WITH THE HELP OF THE COURTS .......... 396III. CUSTOMARY LAW IN CONSTITUTIONAL...
The Jurisprudence of Custom
IntroductionIs "customary law" a redundancy? Jeremy Bentham and John Austin both came close to believing that the very idea of customary law was essentially a contradiction in terms,' but few these days take such a dim view of the legal status of custom.2...
The Law and Economics of Norms
SUMMARYINTRODUCTION: THE EVOLUTION OF NORMS WITHIN ECONOMICS AND LAW: WHY NORMS WERE IGNORED AND WHY THEY MATTER UNDER REALISTIC MODELS OF BEHAVIOR IN WHICH NORMS EMERGE AS THE OUTCOME OF EXCHANGE TO REDUCE COSTS 467I. NORMS DEFINED: NON-ADJUDICABLE...
Western Scandinavia: Exit Bürgerliches Gesetzbuch-The Resurrection of Customary Laws
SummaryThe Platform and the Puzzle.................... 406I. The Role of Customary Law in Denmark & Norway: The Platform ....................407A. The Ancient Codification and the Law Books.................... 408B. Public and Civil Law: The Legal...
Why a War without a Name May Need One: Policy-Based Application of International Humanitarian Law in the Algerian War
SUMMARYINTRODUCTION .......... 575I. THE EVOLUTION AND ESCALATION OFTHE ALGERIAN WAR .......... 578II. THE DEBATE OVER THE APPLICATION OF THE GENEVA CONVENTIONS OF 1949 .......... 583A. Common Article 3: Armed Conflict Not of an International Character...
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