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Do general rules of international law exist?

Published online by Cambridge University Press:  26 October 2009

A. V. Lowe
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Extract

The aim of this short paper is to explore the concept of ‘general’ rules of customary international law (i.e., rules in principle binding upon all states, as contrasted with ‘special’ rules binding only on a few states, usually on a regional or local basis), and-the tension which exists between that concept and the consensual basis of customary international law. It will be suggested that it is possible to hold a view of international law which denies the general applicability of most rules of customary law and preserves its consensual character, while admitting that a few rales of truly general application do exist which, however, must derive their binding force from outside the framework of consensual law creation.

Type
Note
Information
Review of International Studies , Volume 9 , Issue 3 , July 1983 , pp. 207 - 213
Copyright
Copyright © British International Studies Association 1983

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References

1. O'Connell, D. P., International Law, 2nd ed., (London, 1970), pp. 15–16Google Scholar.

2. PCIJ Reports, Ser. A, No. 10, (1927), p. 18.

3. (1951) ICJ Reports 116, at p. 131.

4. (1960) ICJ Reports 6, at pp. 43–4.

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