Consent, Estoppel, Reasonableness, International Law, International Norms, Lotus Case, Continental Shelf
Conflict of Laws | International Law | Jurisprudence | Law
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."
D'Amato, Anthony, "Consent, Estoppel, and Reasonableness: Three Challenges to Universal International Law" (2010). Faculty Working Papers. Paper 102.