The concept of customary international law: Explaining the creation of the Exclusive Economic Zone through the use of legal rules.

摘要

The use and effect of international law on the actions of states in an anarchic system cannot be adequately explained by either Neorealism or Neoliberalism. A third way---Social Constructivism---coupled with an altered definition of 'regime' allows for international law to be understood as consisting of primary and secondary rules. The secondary rules of international law tell states how to create primary substantive rules of law. Those secondary rules can be considered to be a non-issue-area specific regime of international legal rules. Focusing on the creation of customary international law, the development of the Exclusive Economic Zone in the Law of the Sea is outlined. The creation of the EEZ highlights states' use of and reliance on international law. Through the use of legal rules less powerful states promoted and achieved interests that were contrary to those of the major naval and maritime powers in the twentieth century.