Disaggregating Customary International Law
Paul B. Stephan III
University of Virginia School of Law
February 25, 2010
Virginia Public Law and Legal Theory Research Paper No. 2010-08
Abstract: This paper responds to a provocative essay by Curtis Bradley and Mitu Gulati on exiting from customary international law. Bradley and Gulati argue that until the mid-twentieth century, unilateral exit from customary international law was widely accepted in at least some circumstances, and that such exit is normatively desirable. I attempt to illuminate their thesis by demonstrating the diversities of customary international law and how exit works in different categories and before different fora.
Number of Pages in PDF File: 12
Keywords: international law, international relations
Date posted: February 26, 2010 ; Last revised: March 4, 2010
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