The Persistent Objector and Customary International Law

A Major Contribution to the Understanding of International Law
Central to the modern legal framework are the notions of customary international law and the persistent objector doctrine. But much debate exists over these ambiguous and elusive concepts-debate that has the potential to affect everything from war-crimes trials to international commerce. Now, legal expert Charles Quince provides an enlightening, in-depth, and balanced look at the history and problems of these specific areas of international law, and suggests important solutions for minimizing misinterpretation. Topics tackled here include:
- The development of customary international law, from Ancient Rome to the present day;
- A clear, concise discussion of the persistent objector rule, which allows states to opt out of a particular norm;
- Key court cases providing important precedent to our current understanding of custom and consent;
- The debate over interpretation, including the two opposing theories by Dworkin and Rawls;
- Viable implementation strategies for bridging the divide and helping minimize misinterpretation.
This unique book not only concentrates on institutional developments, it also gives insights into norms and guiding principles associated with these two concepts. In essence, Quince presents the positive aspects of each competing theory and shows how they could work together as a cohesive force in the global environment, making this a must read for attorneys, jurists, government leaders and law students.
Charles Quince is a librarian at the Albright Memorial Library in Scranton, Penn. He holds a bachelor's in history, juris doctor, and master's in library science. He is a member of the American Society of International Law, the Society for Historians of American Foreign Relations, and the Pennsylvania Library Association.