Reexamining Customary International Law

Brian D. Lepard is the Harold W. Conroy Distinguished Professor of Law at the University of Nebraska College of Law. He has written numerous books and articles on international law, comparative law, human rights, and tax law, including Customary International Law: A New Theory with Practical Applications (Cambridge, 2010). He is Chair of the Committee on Formation of Rules of Customary International Law of the American Branch of the International Law Association. He is also Academic Director of the Law College's LL.M. in Global Legal Practice Program for non-US lawyers and international students.

'The book edited by Brian D. Lepard is particularly rich and assembles a number of contributions of a very high quality … In this book the author of the review found responses to questions he has been asking for a long time. This is a work that deserves to be reflected upon and that helps lead to a better understanding in this time of violence of the importance of international law and its sources.' A. J. Bullier, Revue de Droit International et de Droit Comparé

• Foreword Michael Wood; 1. Introduction: why does customary international law need reexamining? Brian D. Lepard; Part I. Reexamining Historical and Theoretical Perspectives on Customary International Law: 2. Customary international law in historical context: the exercise of power without general acceptance J. Patrick Kelly; 3. Fake custom Fernando R. Tesón; 4. The role of consent and uncertainty in the formation of customary international law Niels Petersen; 5. Customary law and general principles: rethinking their relationship Thomas Kleinlein; Part II. Reexamining Customary Humanitarian Law: 6. The ICRC and the clarification of customary international humanitarian law Jean-Marie Henckaerts and Els Debuf; 7. From the 'demands of humanity': the formulation of opinio juris in decisions of international criminal tribunals and the need for a renewed emphasis on state practice Noora Arajärvi; Part III. Reexamining Customary Human Rights Law: 8. Towards a new theory of customary international human rights law Brian D. Lepard; 9. Using customary international law to improve women's lives Anna Williams Shavers; Part IV. Reexamining Customary Air and Space Law: 10. Customary international law in aviation: a hundred years of travel through the competing norms of sovereignty and freedom of overflight Sofia Michaelides-Mateou; 11. Customary international law and outer space Frans von der Dunk; Part V. Reexamining Customary International Law: 12. Concluding reflections: insights from reexamining customary international law Brian D. Lepard.