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The Development of Customary International Law by International Organizations

Odermatt, J. ORCID: 0000-0002-6073-3033 (2017). The Development of Customary International Law by International Organizations. International and Comparative Law Quarterly, 66(2), pp. 491-511. doi: 10.1017/S0020589317000112

Abstract

In his Fourth Report on the Identification of Customary International Law (2016), Special Rapporteur Sir Michael Wood confirmed that ‘[i]n certain cases, the practice of international organizations also contributes to the expression, or creation, of rules of customary international law’. That the practice of international organizations can be relevant when identifying customary international law is relatively uncontroversial. The issue that is more debated is the extent to which the practice of international organizations as such may contribute to the development of customary international law. Using examples from the European Union's treaty practice and from the Court of Justice of the European Union, this article argues that international organizations may contribute to such practice, not only by representing the collective will of States, but as autonomous actors in their own right.

Publication Type: Article
Additional Information: This article has been published in a revised form in International & Comparative Law Quarterly https://doi.org/10.1017/S0020589317000112. This version is free to view and download for private research and study only. Not for re-distribution, re-sale or use in derivative works. © British Institute of International and Comparative Law 2017
Publisher Keywords: customary international law, European Union, International Law Commission, international organizations, law of treaties
Subjects: D History General and Old World > D History (General) > D901 Europe (General)
K Law > K Law (General)
Departments: The City Law School > Academic Programmes
The City Law School > International Law and Affairs Group
The City Law School > Institute for the Study of European Laws
URI: http://openaccess.city.ac.uk/id/eprint/20934
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