Abstract

http://ssrn.com/abstract=1755264
 


 



Treaties as a Source of General Rules of International Law


Anthony D'Amato


Northwestern University - School of Law

January 31, 2011

Harvard International Law Journal, Vol. 3, 1962
Northwestern Public Law Research Paper No. 11-16

Abstract:     
Attempts a theoretical explanation of the power of treaties to extend their rules to nations not parties to them – to rationalize, in a nonpejorative use of that term, the Court's citation of the Bancroft treaties in Nottebohm and its use of treaty provisions in other cases – and to provide a basis for the continued use of the contents of treaties in assessing the requirements of international law. Thus this paper is basically argumentative – it attempts to state what the law ought to be by demonstrating that the law as it is logically compels the adoption of the present thesis.

Number of Pages in PDF File: 41

Keywords: Treaties, International Law, Bancroft Treaties, Nottebohm Case, Asylum Case, Lotus Case

JEL Classification: K10, K19, K30, K33

Accepted Paper Series





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Date posted: February 4, 2011  

Suggested Citation

D'Amato, Anthony, Treaties as a Source of General Rules of International Law (January 31, 2011). Harvard International Law Journal, Vol. 3, 1962; Northwestern Public Law Research Paper No. 11-16. Available at SSRN: http://ssrn.com/abstract=1755264

Contact Information

Anthony D'Amato (Contact Author)
Northwestern University - School of Law ( email )
375 E. Chicago Ave
Unit 1505
Chicago, IL 60611
United States
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