Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 1 of 1
Full-Text Articles in International Relations
(Dis)Solving The Chronological Paradox In Customary International Law: A Hartian Approach, David Lefkowitz
(Dis)Solving The Chronological Paradox In Customary International Law: A Hartian Approach, David Lefkowitz
Philosophy Faculty Publications
As traditionally conceived, the creation of a new rule of customary international law requires that states believe the law to already require the conduct specified in the rule. Distinguishing the process whereby a customary rule comes to exist from the process whereby that customary rule becomes law dissolves this chronological paradox. Creation of a customary rule requires only that states come to believe that there exists a normative standard to which they ought to adhere, not that this standard is law. What makes the customary rule law is adherence by officials in the international legal system to a rule of …