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

American Journal of International Law, Vol. 64, p. 892, 1970

Northwestern Public Law Research Paper No. 11-09

12 Pages Posted: 2 Feb 2011  

Date Written: January 31, 2011

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.

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

Suggested Citation

D'Amato, Anthony, Manifest Intent and the Generation by Treaty of Customary Rules of International Law (January 31, 2011). American Journal of International Law, Vol. 64, p. 892, 1970; Northwestern Public Law Research Paper No. 11-09. Available at SSRN: https://ssrn.com/abstract=1752626

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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