The Yale Law Journal

Curtis A. Bradley


Mandatory Versus Default Rules: How Can Customary International Law Be Improved?

Curtis A. Bradley & Mitu Gulati

Although customary international law (CIL) has historically been one of the principal forms of international law, it is plagued by debates and uncertainties about its proper sources, its content, its usefulness, and its normative attractiveness. While some of these debates and uncertainties are long…


Withdrawing from International Custom

Curtis A. Bradley & Mitu Gulati

120 Yale L.J. 202 (2010). 

Treaties are negotiated, usually written down, and often subject to cumbersome domestic ratification processes. Nonetheless, nations often have the right to withdraw unilaterally from them. By contrast, the conventional wisdom is that nations never have the legal right to…