Manifest Intent and the Generation by Treaty of Customary Rules of International Law

Abstract:     
I shall argue in this essay that the World Court used a method which might be called the rule of manifest intent in the North Sea Continental Shelf Cases, that this method differs from a more traditional approach found in the writings of publicists, and that this new method accords well with the growing need to objectify and place upon a scientific basis the methodology by which one may determine what in fact are the rules of customary law.

Number of Pages in PDF File: 12

Keywords: Customary International Law, Norm-creation by Treaty, Manifest Intent Rule, Continental Shelf Convention, North Sea Continental Shelf Cases, Equidistance Principle

JEL Classification: K33, K19

Accepted Paper Series