Chapter

Part II The Criteria for the Operation of the Persistent Objector Rule, 6 The Timeliness Criterion

James A. Green

in The Persistent Objector Rule in International Law

Published in print March 2016 | ISBN: 9780198704218
Part II The Criteria for the Operation of the Persistent Objector Rule, 6 The Timeliness Criterion

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  • History of International Law
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This chapter analyses the last criterion for the operation of the persistent objector rule, namely, timeliness. A common feature of all mainstream understandings of the rule is that a state's objections must occur during the period where the embryonic customary law being objected to is still ‘emerging’. The chapter starts by identifying the timeless criterion in the literature and argues that state practice supports it in a broad sense. The chapter then argues that the commonly advanced justifications for the timeless criterion are unsatisfactory. The chapter then examines more pragmatic rationales. It also engages with arguments that have been made by a few commentators in support of an ex post facto right of withdrawal from customary international law. The chapter finally turns to the problems associated with actually applying the timeless criterion.

Chapter.  52 pages.  28498 words.  Illustrated.

Subjects: History of International Law ; Private International Law and Conflict of Laws ; Public International Law ; International Law ; Law

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