Customary International Law

Progressive Development ◽

The World ◽

International custom “as evidence of a general practice accepted as law”, is considered one of the two main sources of international law as it primarily derives from the conduct of sovereign States, but is also closely connected with the role of the international judge when identifying the applicable customary rule, a function it shares with the bodies in charge of its codification (and progressive development), starting with the International Law Commission. Though mainly considered to be general international law, international custom has a complex relationship with many specific fields of law and specific regions of the world. The editor provides comprehensive research published in the last seven decades, invaluable to everyone interested in the field of customary international law.

The Requisite Rigour in the Identification of Customary International Law

International Community Law Review ◽

10.1163/18719732-12341346 ◽

2017 ◽

Vol 19 (1) ◽

pp. 9-46 ◽

Cited By ~ 1

Author(s):

Noora Arajärvi

Keyword(s):

United Nations ◽

International Law ◽

General Assembly ◽

Special Rapporteur ◽

United Nations General ◽

United Nations General Assembly ◽

Over the last few decades, the methodology for the identification of customary international law (cil) has been changing. Both elements of cil – practice and opinio juris – have assumed novel and broader forms, as noted in the Reports of the Special Rapporteur of the International Law Commission (2013, 2014, 2015, 2016). This contribution discusses these Reports and the draft conclusions, and reaction by States in the Sixth Committee of the United Nations General Assembly (unga), highlighting the areas of consensus and contestation. This ties to the analysis of the main doctrinal positions, with special attention being given to the two elements of cil, and the role of the unga resolutions. The underlying motivation is to assess the real or perceived crisis of cil, and the author develops the broader argument maintaining that in order to retain unity within international law, the internal limits of cil must be carefully asserted.

Review of the Rôle of the International Court of Justice

The American Journal of International Law ◽

10.2307/2198723 ◽

1972 ◽

Vol 66 (3) ◽

pp. 479-490 ◽

Cited By ~ 4

Author(s):

Leo Gross

Keyword(s):

United Nations ◽

International Law ◽

International Court Of Justice ◽

Progressive Development ◽

Court Of Justice ◽

International Court ◽

Substantive Law ◽

The stagnation in the functioning of the International Court of Justice is only one of several indicators of the neglect by Members of the United Nations of the development and modernization of adjective law. There has been gratifying progress in the codification and progressive development of substantive law through the International Law Commission and other bodies, but substantive law without an adequate adjective law is bound to lack in effectiveness and uniform and predictable application.

Volume 5 - 2020, Issue 9 - September - International Journal of Innovative Science and Research Technology ◽

The Role of the UN International Law Commission in the Codification of International Law

10.38124/ijisrt20jun1070 ◽

2020 ◽

pp. 1384-1387

Author(s):

Pedro Keil

Keyword(s):

United Nations ◽

International Law ◽

General Assembly ◽

Progressive Development ◽

The Creation ◽

The United Nations ◽

The creation of the International Law Commission arouses from the necessity imposed by the text of the UN Charter. According to article 13 paragraph 1 (a) of the Charter of the United Nations, the General Assembly is responsible for the promotion of the progressive development of international law and codification of such. In this regard, the Resolution 174 (II) of 21 November 1947 came with this purpose. So, the Commission’s nature is of an institutional and permanent subsidiary organ to the General Assembly of the UN, serving the purpose of perfecting the sources of law in the international ambit.

Preamble

10.1093/law/9780198703969.003.0002 ◽

2016 ◽

Author(s):

Denza Eileen

Keyword(s):

International Law ◽

Theoretical Basis ◽

Character Theory ◽

Vienna Convention ◽

Diplomatic Relations ◽

Progressive Development ◽

The Relationship ◽

This chapter describes the Preamble of the Vienna Convention on Diplomatic Relations set forth by the International Law Commission, the main legal body which promotes the progressive development of international law and oversees its codification. It briefly describes three theories that form as the basis of the statements written at the Preamble —the ‘exterritoriality’ theory, the ‘representative character’ theory, and the ‘functional necessity’ theory. All of these theories heavily influence matters regarding diplomatic privileges and immunities. Ultimately, the Preamble to the Convention has two important legal functions—to state the view of the participating States on the theoretical basis of diplomatic privileges and immunities, and to make explicit the relationship between the Convention and customary international law.

The Role of the United Nations in the Formation of Customary International Law in the Field of Human Rights

International Community Law Review ◽

10.1163/18719732-12341348 ◽

2017 ◽

Vol 19 (1) ◽

pp. 68-97 ◽

Cited By ~ 1

Author(s):

Sufyan Droubi

Keyword(s):

Human Rights ◽

United Nations ◽

International Law ◽

Social Processes ◽

Constructivist Perspective ◽

The United Nations ◽

The present work addresses the role of un in the formation of customary international law from a constructivist perspective. It dialogues with the International Law Commission and, in contrast with the latter, it argues that the importance of the un is a matter to be defined empirically. Its organs are capable of acting as norm entrepreneurs, articulating and promoting new norms. They are capable of affecting social processes in order to create pressure on the states that resist emergent norms. Thus, instead of a mere agent of states the un is capable of deeply influencing them both in behavioural and attitudinal terms. Furthermore, the un promote the formalization and institutionalization of new norms, elucidating their scope, application, and embedding them in consistently coherent amalgamation of norms and practices. Hence, it is capable of fostering the processes that lead to the crystallization of norms as customary international law.

The Requisite Rigour in the Identification of Customary International Law: A Look at the Reports of the Special Rapporteur of the International Law Commission

SSRN Electronic Journal ◽

10.2139/ssrn.3135716 ◽

2017 ◽

Author(s):

Noora Arajjrvi

Keyword(s):

International Law ◽

Special Rapporteur ◽

On the Road to Vienna

10.1093/oso/9780198795940.003.0005 ◽

2017 ◽

Author(s):

Kai Bruns

Keyword(s):

Cold War ◽

International Law ◽

The Road ◽

Progressive Development ◽

History Of ◽

On The Road ◽

The Cold War ◽

This chapter focuses on the negotiations that preceded the 1961 Vienna Conference (which led to the conclusion of the VCDR). The author challenges the view that the successful codification was an obvious step and refers in this regard to a history of intense negotiation which spanned fifteen years. With particular reference to the International Law Commission (ILC), the chapter explores the difficult task faced by ILC members to strike a balance between the codification of existing practice and progressive development of diplomatic law. It reaches the finding that the ILC negotiations were crucial for the success of the Conference, but notes also that certain States supported a less-binding form of codification. The chapter also underlines the fact that many issues that had caused friction between the Cold War parties were settled during the preparatory meetings and remained largely untouched during the 1961 negotiations.