Do general rules of international law exist?

In: Review of international studies: RIS, Band 9, Heft 3, S. 207-213

Abstract

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.