Specially-Affected States and the Formation of Custom

Research output: Contribution to journal › Journal article › Research › peer-review

Standard

Specially-Affected States and the Formation of Custom. / Heller, Kevin Jon.

In: American Journal of International Law, Vol. 112, No. 2, 01.04.2018, p. 191-243.

Research output: Contribution to journal › Journal article › Research › peer-review

Harvard

Heller, KJ 2018, 'Specially-Affected States and the Formation of Custom', American Journal of International Law, vol. 112, no. 2, pp. 191-243. https://doi.org/10.1017/ajil.2018.22

APA

Heller, K. J. (2018). Specially-Affected States and the Formation of Custom. American Journal of International Law, 112(2), 191-243. https://doi.org/10.1017/ajil.2018.22

Vancouver

Heller KJ. Specially-Affected States and the Formation of Custom. American Journal of International Law. 2018 Apr 1;112(2):191-243. https://doi.org/10.1017/ajil.2018.22

Author

Heller, Kevin Jon. / Specially-Affected States and the Formation of Custom. In: American Journal of International Law. 2018 ; Vol. 112, No. 2. pp. 191-243.

Bibtex

@article{d6fc0406914b4dffa13d2fa4953bce2a,
title = "Specially-Affected States and the Formation of Custom",
abstract = "Although the United States has relied on the ICJ's doctrine of specially-affected states to claim that it and other powerful states in the Global North play a privileged role in the formation of customary international law, the doctrine itself has never been systematically developed by the ICJ or by legal scholars. This article fills that lacuna by addressing two questions: (1) what makes a state {"}specially affected{"}?; and (2) what is the importance of a state qualifying as {"}specially affected{"} for the formation of custom? It concludes that a theoretically coherent understanding of the doctrine would give states in the Global South significant power over custom formation.",
author = "Heller, {Kevin Jon}",
year = "2018",
month = apr,
day = "1",
doi = "10.1017/ajil.2018.22",
language = "English",
volume = "112",
pages = "191--243",
journal = "American Journal of International Law",
issn = "0002-9300",
publisher = "American Society of International Law",
number = "2",

}

RIS

TY - JOUR

T1 - Specially-Affected States and the Formation of Custom

AU - Heller, Kevin Jon

PY - 2018/4/1

Y1 - 2018/4/1

N2 - Although the United States has relied on the ICJ's doctrine of specially-affected states to claim that it and other powerful states in the Global North play a privileged role in the formation of customary international law, the doctrine itself has never been systematically developed by the ICJ or by legal scholars. This article fills that lacuna by addressing two questions: (1) what makes a state "specially affected"?; and (2) what is the importance of a state qualifying as "specially affected" for the formation of custom? It concludes that a theoretically coherent understanding of the doctrine would give states in the Global South significant power over custom formation.

AB - Although the United States has relied on the ICJ's doctrine of specially-affected states to claim that it and other powerful states in the Global North play a privileged role in the formation of customary international law, the doctrine itself has never been systematically developed by the ICJ or by legal scholars. This article fills that lacuna by addressing two questions: (1) what makes a state "specially affected"?; and (2) what is the importance of a state qualifying as "specially affected" for the formation of custom? It concludes that a theoretically coherent understanding of the doctrine would give states in the Global South significant power over custom formation.

U2 - 10.1017/ajil.2018.22

DO - 10.1017/ajil.2018.22

M3 - Journal article

AN - SCOPUS:85048448848

VL - 112

SP - 191

EP - 243

JO - American Journal of International Law

JF - American Journal of International Law

SN - 0002-9300

IS - 2

ER -

ID: 258720052