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same question could be asked with regard to the acts "jure gestionis" of
foreignstates.35 Has a normof customarygeneral internationallaw come
into existence granting to coastal states certain rights in the so-called
"contiguous zone" beyond territorialwatersI36 It is certain that, con-
traryto the opinion of some writers,the so-called "Nuremberg Principles"
have, up to now, not become principlesof customarygeneral international
law. Has a new norm of general customaryinternationallaw concerning
the "Continental Shelf," come into existence? Lauterpacht37 answered
the question in the affirmative in 1950 insofaras the Truman Declaration
is concerned. But not only are Mouton38 and the Award of Lord Asquith
of Bishopstone39of contraryopinion,but the proposals of the International
Law Commission,40 acting in its capacity for "progressive developmentof
internationallaw" and not "of its codification,"would seem to show no
more but a tendency,a trend toward the coming into existenceof a new
norm,and even that, perhaps, only by multilateraltreaty. All the more
so, certain recentextravagantunilateral declarationsconcerningthe "epi-
continentalsea," the extensionof territorialwaters,the expansion of ex-
clusive fishingrights,have not led to the coming into existenceof a new
norm of customarygeneral internationallaw 41 in the light of the strong
protestsby the United States, Great Britain and other states.
JOSEF L. KUNZ