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Treaties as a Source of General Rules of International Law

41 Pages Posted: 4 Feb 2011  

Date Written: January 31, 2011

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.

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

JEL Classification: K10, K19, K30, K33

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: https://ssrn.com/abstract=1755264

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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