The Identification of Customary International Law and Other Topics: The Sixty-Seventh Session of the International Law Commission

24 Pages Posted: 26 Sep 2015

See all articles by Sean D. Murphy

Sean D. Murphy

George Washington University - Law School

Date Written: 2015

Abstract

The International Law Commission held its sixty-seventh session in Geneva from May 4 to June 5, and from July 6 to August 7, 2015, under the chairmanship of Narinder Singh (India). Notably, the Commission’s drafting committee completed a full set of sixteen draft conclusions on the topic of “identification of customary international law,” paving the way for those conclusions with commentaries to be approved by the Commission on first reading in 2016.

Additionally, the Commission provisionally adopted with commentaries initial draft guidelines on “protection of the atmosphere” and initial draft articles on “crimes against humanity,” as well as one further draft conclusion with commentary on “subsequent agreements and subsequent practice in relation to the interpretation of treaties.” Progress was also made in developing draft principles on “protection of the environment in relation to armed conflicts,” draft articles on “immunity of State officials from foreign criminal jurisdiction,” and draft guidelines on “provisional application of treaties.” The Commission completed its work on the topic “the most-favored-nation clause” and decided to add a new topic of jus cogens to its agenda.

Keywords: International Law Commission, most-favored-nation clause, atmospheric protection, customary international law, crimes against humanity, interpretation of treaties, provisional application of treaties, environment in armed conflict, immunity, jus cogens

JEL Classification: K33

Suggested Citation

Murphy, Sean D., The Identification of Customary International Law and Other Topics: The Sixty-Seventh Session of the International Law Commission (2015). Forthcoming in the American Journal of International Law; GWU Law School Public Law Research Paper No. 2015-38; GWU Legal Studies Research Paper No. 2015-38. Available at SSRN: https://ssrn.com/abstract=2663710 or http://dx.doi.org/10.2139/ssrn.2663710

Sean D. Murphy (Contact Author)

George Washington University - Law School ( email )

2000 H Street, N.W.
Washington, DC 20052
United States
202-994-8763 (Phone)
202-994-5654 (Fax)

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