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Full-Text Articles in International Law
Disintegrating Customary International Law: Reactions To Withdrawing From International Custom, Christiana Ochoa
Disintegrating Customary International Law: Reactions To Withdrawing From International Custom, Christiana Ochoa
Articles by Maurer Faculty
Withdrawing from International Custom, a recent article by Curtis Bradley and Mitu Gulati, has sparked interest and debate. Bradley and Gulati’s article, develops with significant nuance and detail that, naturally, can be best understood by a careful reading of their work. In essence, it proposes a modification in customary international law (CIL) doctrine – a change that would permit states to unilaterally exit from existing customary international law. This Essay will act as a brief reflection on that article. In Part I, it will explore the analogies Withdrawing makes between CIL and contract and will argue, first that CIL and …