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Identifying the Rules for Identifying Customary International Law: Response From Michael Wood and Omri Sender

Published online by Cambridge University Press:  20 January 2017

Omri Sender
Affiliation:
The World Bank
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We are grateful to AJIL Unbound for organizing this symposium on the work of the International Law Commission on identification of customary international law. We are particularly grateful to all who have contributed to the symposium for their interest and insights.

We shall not here reply comprehensively to everything that has been said. Many points will be addressed in the Special Rapporteur’s third report, to be submitted to the UN Secretariat toward the end of March 2015 in preparation for the Commission’s session beginning in May 2015. We would only say that many of the points made in the symposium thus far seem eminently sensible, and will hopefully be seen as such by the Commission. It has to be noted, however, that the work of the Commission is collegiate, and the eventual output does not belong to the Special Rapporteur (who is just a facilitator) but to the Commission as a whole—and eventually to the General Assembly and the international community.

Type
Symposium: Reflections on Customary International Law and the International Law Commission’s Project
Copyright
Copyright © American Society of International Law 2014

References

1 Swaine, Edward T., Identifying Customary International Law: First Thoughts on the ILC’s First Steps, 108 AJIL UNBOUND 184 (2014)Google Scholar.

2 Bodansky, Daniel, Does Custom Have a Source?, 108 AJIL UNBOUND 179 (2014)Google Scholar.

3 DeBartolo, David M., Identifying International Organizations’ Contributions to Custom, 108 AJIL UNBOUND 174 (2014)Google Scholar.

4 Sharpe, Jeremy K., The Potential Impact on Investment Arbitration of the ILC’s Work on Customary International Law, 108 AJIL UNBOUND 188 (2014)Google Scholar.

5 Oxman, Bernard H., Some Observations on the Draft Conclusions on Identification of Customary Law Provisionally Adopted by the ILC’s Draft-ing Committee at the Sixty-sixth Session (2014), 108 AJIL UNBOUND 193 (2014)Google Scholar.

6 Murphy, Sean D., Identifying the Rules for Identifying Customary International Law, 108 AJIL UNBOUND 169 (2014)Google Scholar.