It’s “Instant Custom”: How the Bush Doctrine Became Law After the Terrorist Attacks of September 11, 2001

Abstract

Historically, courts have recognized a customary international law only upon finding evidence of uniform state practice over a protracted period of time. In today's rapidly evolving global society, however, "instant custom" theorists contend that new customary international laws may form in much less time than the decades upon decades of consistent practice traditionally required. This Note considers the instant custom theory and argues that the Bush Doctrine became a new customary international law in the immediate aftermath ofthe terrorist attacks of September 11, 2001.