1. Introduction; 2. Historical context; 3. Theoretical underpinnings; 4. Nuremberg as Grotian moment; 5. The Truman proclamation on the continental shelf; 6. Outer space law; 7. The Yugoslavia tribunal's Tadic decision; 8. The responsibility to protect doctrine; 9. The response to 9/11; 10. Conclusion.
The first book to explore the concept of 'Grotian Moments', named for Hugo Grotius, who helped marshal in the modern system of international law.
Michael Scharf is the John Deaver Drinko-Baker and Hostetler Professor of Law and Associate Dean for Global Legal Studies at Case Western Reserve University School of Law. Scharf is the author of fifteen books, three of which have won book of the year awards. During the elder Bush and Clinton Administrations, Scharf served in the Office of the Legal Advisor of the US Department of State, where he held the positions of Attorney-Advisor for Law Enforcement and Intelligence, Attorney-Advisor for United Nations Affairs, and delegate to the United Nations Human Rights Commission. In February 2005, Scharf and the Public International Law and Policy Group, a non-governmental organization he co-founded and directs, were nominated for the Nobel Peace Prize by the prosecutor of an international criminal tribunal for the work they have done to help in the prosecution of major war criminals.
'In its totality, Customary International Law in Times of
Fundamental Change: Recognizing Grotian Moments is a stimulating
and challenging examination of how pivotal moments in history can
precipitously affect the field of customary international law and
international relations. At its best, this book has the potential
to influence international law scholars who are deeply entrenched
in their own views and spark interest in students of the law who
have not yet embarked on their intellectual journeys.' George
Washington International Law Review
'Professor Scharf examines the concept of the 'Grotian Moment',
providing a critical yet thought-provoking analysis of the
instances in which customary international law can, and indeed
does, develop with surprising rapidity and limited state practice.
Professor Scharf 's contribution is widely set to leave its mark,
as acknowledged by the authoritative list of names endorsing the
book.' Jonathan Worboys, King's Law Journal
'… this is an excellent book. It is clearly and engagingly written
(as anyone familiar with Scharf's previous work would expect). The
research underpinning it is similarly faultless. Moreover, it is
short and to the point: its arguments are both concisely made and
precisely targeted. This book is ultimately an extremely important
addition to the literature. Its thesis is at the same time
indisputable (in and of itself) and yet highly contestable both in
terms of its framing and application to specific examples.
Customary International Law in Times of Fundamental Change will
undoubtedly spark important debate and further research on the
process of expedited custom: a process that is controversial and
potentially dangerous, but which - as Scharf ably demonstrates -
undeniably occurs.' James A. Green, International and Comparative
Law Quarterly
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