One of the most difficult problems in the study of international law is determining when a rule of law applies to a given situation. This problem has two dimensions: (1) determining what the rule of law is and (2) determining when and how it is applied. The first di- mension, though complex, is the subject of Article 38 of the Statute of the International Court of Justice,' and the starting point for most dis- cussions of international law.2 Though it may be difficult to establish the existence of a rule of international law, particularly in the absence of a treaty, the process of demonstrating customary international law is one with which international lawyers are familiar.
Ronald A. Brand,
Direct Effect of International Economic Law in the United States and the European Union,
Nw. J. Int'l L. & Bus.