Customary International Law, Norm-creation by Treaty, Manifest Intent Rule, Continental Shelf Convention, North Sea Continental Shelf Cases, Equidistance Principle
Conflict of Laws | Courts | International Law | Law
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.
D'Amato, Anthony, "Manifest Intent and the Generation by Treaty of Customary Rules of International Law" (1970). Faculty Working Papers. Paper 128.