Abstract
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.
Highlights
Background to the TopicAs indicated by its title, the topic is not aimed at canvassing the substantive rules of customary international law but, rather, at the rules regarding how such law is formed and identified
With a Second Report1 issued in May 2014
After two weeks of revisions, a revised set of eight Draft Conclusions emerged, which in the summer of 2015 may be provisionally adopted by the Commission, along with commentaries to be developed by Wood drawing upon the analysis in his Second Report and the debate in the Commission
Summary
Editor's note: This and the following five entries on AJIL Unbound are part of a symposium titled “Reflections on Customary International Law and the International Law Commission's Project, ” which will be followed by an open call for submissions. 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. 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
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