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Consent, Estoppel, and Reasonableness: Three Challenges to Universal International Law

28 Pages Posted: 8 Nov 2010  

Date Written: November 6, 2010

Abstract

Like consent and estoppel, the concept of reasonableness, while failing to provide an adequate explanation of the source of obligation in customary international law, does play an important psychological role in adding to the pressure of international norms upon states. The result is to increase the sense of legality of the rules that are accepted by states as part of “customary international law.” This is not to say that each and every alleged rule of universal international law must contain one or more of the elements of consent, estoppel, or reasonableness in order for it to be “valid.”

Keywords: Consent, Estoppel, Reasonableness, International Law, International Norms, Lotus Case, Continental Shelf

JEL Classification: K33, K10, K30

Suggested Citation

D'Amato, Anthony, Consent, Estoppel, and Reasonableness: Three Challenges to Universal International Law (November 6, 2010). Virginia Journal of International Law, Vol. 10, 1969; Northwestern Public Law Research Paper No. 10-70. Available at SSRN: https://ssrn.com/abstract=1704049

Anthony D'Amato (Contact Author)

Northwestern University - Pritzker School of Law ( email )

375 E. Chicago Ave
Chicago, IL 60611
United States

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