The Yale Law Journal

Mitu Gulati


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…