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Identifying the Rules for Identifying Customary International Law

Part of: Reflections on Customary International Law and the International Law Commission’s Project

Published online by Cambridge University Press:  20 January 2017

Sean D. Murphy
Sean D. Murphy*
Affiliation:
George Washington University Law School
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The International Law Commission (ILC) decided in 2012 to add to its agenda a new topic on the “identification of customary international law” and to appoint Sir Michael Wood (United Kingdom) as special rapporteur. That project has reached an important point, with a series of Draft Conclusions having been cleared through the Commission’s Drafting Committee, and ready for the Commission’s provisional approval (together with commentaries) in 2015. As such, now is a propitious time for governments, international organizations, nongovernmental organizations, scholars, and others to weigh in on the merits of these Draft Conclusions, and additional ones that will be developed in 2015–16.

Type
Symposium: Reflections on Customary International Law and the International Law Commission’s Project
Information
AJIL Unbound , Volume 108 , 2014 , pp. 169 - 173
Copyright
Copyright © American Society of International Law 2014

References

1 Michael Wood, Special Rapporteur, Second Rep. on Identification of Customary International Law, Int’l Law Comm’n, UN Doc. A/CN.4/672 (May 22, 2014).

2 Gilberto Saboia, Chairman of the Drafting Committee, Statement on the Identification of Customary International Law, Int’l Law Comm’n (Aug. 7, 2014).

3 Int’l Law Ass’n, London Conference, 2000, Final Rep. of Comm. on Formation of Customary (General) International Law, Statement of Principles Applicable to the Formation of General Customary International Law (2000).

4 UN Secretariat, Formation and Evidence of Customary International Law: Elements in the Previous Work of the International Law Commission that Could Be Particularly Relevant to the Topic, Memorandum by the Secretariat, Int’l Law Comm’n, UN Doc. A/CN.4/659 (Mar. 14, 2013).