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This article draws on the paradox o f the two-element approach to the emergence o f customary international law (CIL), as many have done so before. How can a State, acting in a certain way, be convinced of its legal obligation to behave in that manner, if this particular act has not yet been established as CIL, but is solely in the process of emerging? By stepping out o f CIL theory and looking at similar conundrums, this article finds that consensus theory is the most prominent candidate for providing a solution. Against the common view, the argument offered here suggests that the most obvious flaws of this explanation are, actually, its greatest strengths. In brief, this understanding enables us to see Article 38 ICJ Statute as a means for identifying the final CIL norm, which is to be distinguished from its formal source. An unwritten meta-norm, as the argument goes, guides the process of CIL emergence. This meta-norm is the correct place to discuss what general (State) practice and opinio iuris must look like to count as making an offer and accepting that offer so as to finally give rise to a CIL norm. Consensus theory, thus, teaches us that we need to state more clearly how to evince general (State) practice with its accompanying legal conviction, a task which could and should be addressed by the International Law Commission. Based on this understanding, this article aims to propose a formula grounded in theory to guide the genesis of CIL. Clearly, asking for more specific rules guiding the emergence and succinct identification of general (State) practice and opinio iuris undermines the fluidity and dynamics of CIL. However, it is consensus theory that teaches us that legal certainty has its price. [ABSTRACT FROM AUTHOR]

The article discusses the need for claimants in arbitration who are not consistent in transparency of legal theories used in recovery of damages, citing Colorado Energy Management, LLC, and the decision of the Appellate Division of New York Supreme Court. Topics discussed include Appellate Division affirmed the vacation of Arbitration Award in favor of Lea Power Partners (LPP) and against Colorado Energy Management (CEM), and Engineering, Procurement and Construction Agreement (EPC Contract).

The article focuses on U.S. Supreme Court Justice Neil M. Gorsuch read the majority opinion in McGirt v. Oklahoma on reliance and practical considerations weighed against holding otherwise. It mentions justice systems prosecute lesser crimes that carry a sentence of up to three years, or up to nine years on multiple counts. It also mentions U.S. attorney's office began handling substantially more domestic violence and child sexual abuse cases.

The article presents the theory of adjudication of Ronald Dworkin in the understanding of the European private law in the case law of the Court of Justice of European Union (CJEU). It makes reference to the book "Justice for Hedgehogs," by Dworkin to argue his case for value, and questions of ethics and political morality. It discusses legal pluralism, general principles, and fundamental rights.

The article presents a profile of U.S. Supreme Court justice Clarence Thomas. It mentions the opinions that he has filed in the 2018-2019 term, the question of his retirement, and the forthcoming book and documentary film about him.