Institutionalisation of Emerging Norms of Customary International Law through Resolutions and Operational Activities of the Political and Subsidiary Organs of the United Nations

International Organizations Law Review, Vol. 14.2, 2017

34 Pages Posted: 14 Aug 2017

See all articles by Sufyan Droubi

Sufyan Droubi

affiliation not provided to SSRN; University Of Dundee

Date Written: July 12, 2017

Abstract

The paper looks at resolutions and operational activities of the UN as parts of processes of institutionalisation of nascent norms of CIL. It argues that institutionalisation clarifies the scope of the norm and of its application; and improves mechanisms of persuasion and compliance with the norm, thereby increasing social pressure on resilient States. Hence, institutionalised norms have a higher potential to affect both the behaviour and attitude of States than noninstitutionalised norms. Crucially, the paper argues that UN resolutions and activities foster processes of institutionalisation of new norms. Although the work acknowledges that is not possible to foresee whether a norm will crystallise as CIL, it suggests that its potential increases if it matches and draws on the normative framework provided by the UN Charter; if it does not excessively challenge the predominant expectations of States, and if UN organs work together in promoting it.

Keywords: United Nations, International Organizations, International Law Commission, Customary International Law, Institutions, Constructivism

JEL Classification: K33, F53, F55

Suggested Citation

Droubi, Sufyan, Institutionalisation of Emerging Norms of Customary International Law through Resolutions and Operational Activities of the Political and Subsidiary Organs of the United Nations (July 12, 2017). International Organizations Law Review, Vol. 14.2, 2017. Available at SSRN: https://ssrn.com/abstract=2998551

Sufyan Droubi (Contact Author)

affiliation not provided to SSRN

University Of Dundee ( email )

Nethergate
Dundee, Scotland DD1 4HN
United Kingdom

HOME PAGE: http://https://www.dundee.ac.uk/law/staff/profile/-sufyan-el-droubi.php

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