Authors
Daniel Bodansky
Publication date
1995
Journal
Ind. J. Global Legal Stud.
Volume
3
Pages
105
Description
In this article, Professor Bodansky examines the creation and importance of customary international law. He suggests that the debate over the legal status of any given norm may be misplaced. Instead, he suggests that international lawmakers should spend their time and energy incorporating norms, regardless of their true status, into" concrete treaties and actions." The author begins his discussion by providing a working definition of customary international law. He asserts that such law can be based not just on uniformities of state behavior, as is traditionally held, but also on regularities in behavior. Thus, customary international law can be formed even when states do not fully comply with a particular norm. Next, Professor Bodansky contends that state declarations may be just as indicative and useful in uncovering customary international law as state behavior. But the author goes on to state that such" declarative …
Total citations
1996199719981999200020012002200320042005200620072008200920102011201220132014201520162017201820192020202120222023202461088410121215151519121718112715161721301723101919118