Northwestern University School of Law Northwestern University School of Law Scholarly Commons Faculty Working Papers 1962 Treaties As a Source of General Rules of International Law Anthony D'Amato Northwestern University School of Law,
[email protected] Repository Citation D'Amato, Anthony, "Treaties As a Source of General Rules of International Law" (1962). Faculty Working Papers. Paper 120. http://scholarlycommons.law.northwestern.edu/facultyworkingpapers/120 This Article is brought to you for free and open access by Northwestern University School of Law Scholarly Commons. It has been accepted for inclusion in Faculty Working Papers by an authorized administrator of Northwestern University School of Law Scholarly Commons. Treaties As a Source of General Rules of International Law,* by Anthony D’Amato, 3 Harvard International Law Journal 1-43 (1962) Abstract: Attempts a theoretical explanation of the power of treaties to extend their rules to nations not parties to them—to rationalize, in a nonpejorative use of that term, the Court=s citation of the Bancroft treaties in Nottebohm and its use of treaty provisions in other cases—and to provide a basis for the continued use of the contents of treaties in assessing the requirements of international law. Thus this paper is basically argumentative—it attempts to state what the law ought to be by demonstrating that the law as it is logically compels the adoption of the present thesis. Tags: Treaties, International Law, Bancroft Treaties, Nottebohm Case, Asylum Case, Lotus Case [pg1]** I. INTRODUCTION In 1955 the International Court of Justice rendered its highly significant decision in the Nottebohm case.