Document Type

Article

Publication Title

Duke Journal of Comparative & International Law

Abstract

The author offers his opinion on the adoption of the Default View which was presented by Curtis Bradley and Mitu Gulati's (B&G) in their article "Withdrawing from International Custom." It discusses the possible effect of B&G's proposal to switch from the Mandatory View to the Default View which gives states a post formation right to withdraw from customary international law (CIL). It concludes that the system needs vigilant insistence on the conventional requirements for CIL formation.

First Page

57

Volume

21

Publication Date

2010

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