This Article offers a theory of CIL-one that provides a firm and modem theoretical foundation for the analysis of custom. Though this is not the first article to propose a view of CIL through a rational choice lens, it is the first to map out a general theory of CIL based on such a model.
Andrew T. Guzman,
Saving Customary International Law,
Mich. J. Int'l L.
Available at: http://repository.law.umich.edu/mjil/vol27/iss1/3