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Grotian Moments: The Concept

In: Grotiana
Author:
Michael P. Scharf Case Western Reserve University School of Law, Cleveland, Ohio, USA, Michael.scharf@case.edu

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Abstract

During times of fundamental change, customary international law can form quite abruptly. Scholars have begun to call the paradigm shifts and tipping points that lead to rapid formation of new rules of customary international law ‘Grotian Moments.’ This chapter introduces the concept, explains its appellation, provides historic examples of its application since World War ii, examines its usefulness, and addresses some of the critiques that have been leveled at the notion of accelerated formation of customary international law.

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