The International Law Commission (ILC) adopted the Draft Conclusions on Identification of Customary International Law on first reading in 2016 (UN Doc. A/71/10). These Draft Conclusions are an important resource in a classic and thorny area of international law.
This workshop organised by ACIL aimed to explore the position of two actors in the process of forming and identifying customary international law: first, ‘specially-affected states’, as they have been famously termed by the International Court of Justice (ICJ); and, second, international organizations. Both of them play only a modest role in the Draft Conclusions.
Some of the questions discussed at this workshop included: have the Draft Conclusions, in terms of doctrine, theory and practice, properly accounted for specially-affected states and international organizations? Or should the final Conclusions – which are due to be adopted by the ILC later this year – accord them greater prominence?
Speakers at the event included:
The event was organised and moderated by Kevin Jon Heller and Catherine Brölmann, both of the University of Amsterdam.