This article articulates an explanatory theory of customary international law under which precedential concerns are central to explaining CIL formation, compliance and change. In contrast with previous theories, which emphasize the role of reciprocity, retaliation and reputation in sustaining...

Indigenous customary laws often conflict with or contradict contract laws of foreign legal systems. If an indigenous person wishes to conduct an international transaction according to their customs, problems may arise where customs are inconsistent with governing laws. This paper examines the...

After the Supreme Court of Canada’s decision in Nevsun Resources Ltd. v. Araya, Canadian courts can, in theory, apply customary international law (CIL) to private corporate actors for the purposes of a transnational tort claim pursuant to allegations related to human rights and/or...

Although the Igbo customary law of succession, which espouses the primogeniture principle, has recently been lambasted by the Nigerian courts for violating the equality provisions of the Nigerian Constitution and discriminating against women, the judicial engagement with the Igbo inheritance law...

In their majority, public international lawyers postulate that for a new rule of customary law to originate, two conditions must be fulfilled: there must be consistent practice, and it must be shown that this practice is motivated by the belief that such behaviour is required in law. Maurice...

Despite the large number of environmental agreements at the global, regional and bilateral levels, the role of customary international law remains of great importance in practice. First, many treaties which are in force remain largely unimplemented. Secondly, treaties only bind those States that...

Rules of customary international law provide basic legal protections to foreign investors doing business abroad. These rules remain of fundamental importance today despite the growing number of investment treaties containing substantive investment protection. In this book, Patrick Dumberry...