American Journal of International Law, Vol. 64, p. 892, 1970
12 Pages Posted: 2 Feb 2011
Date Written: January 31, 2011
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: 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