Manifest Intent and the Generation by Treaty of Customary Rules of International Law

Authors

Anthony D'Amato, Northwestern University School of LawFollow

Document Type

Article

Repository Date

1970

Keywords

Customary International Law, Norm-creation by Treaty, Manifest Intent Rule, Continental Shelf Convention, North Sea Continental Shelf Cases, Equidistance Principle

Subject Categories

Conflict of Laws | Courts | International Law | Law

Abstract

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.

Repository Citation

D'Amato, Anthony, "Manifest Intent and the Generation by Treaty of Customary Rules of International Law" (1970). Faculty Working Papers. 128.
https://scholarlycommons.law.northwestern.edu/facultyworkingpapers/128