The Riddle of Custom: General Assembly Resolutions

S. Droubi and J. d’Aspremont (eds), International Organizations, Non-State Actors, and the Formation of Customary International Law, Melland Schill Perspectives on International Law (Manchester University Press, 2019)

28 Pages Posted: 15 Dec 2018

Date Written: November 20, 2018

Abstract

This chapter examines the role of resolutions in the International Law Commission (ILC) Conclusions on Identification of Customary International Law. The analysis unfolds along three lines of inquiry. The first one critically analyses the methodology devised by the ILC to ascertain the existence of a customary rule with a view to understanding how it works in the institutional setting of international organizations. The second one examines the definition of resolution contained in the Conclusions and compares it with the mainstream literature on the concept of resolution. The third one evaluates the practical implications of the ILC conclusions by using the resolutions of the United Nations General Assembly as a case study. An argument is made that the ILC Conclusions do not add either certainty or sophistication to the process of ascertaining customary rules, thus failing to provide authoritative guidance to practitioners in the field of international organizations’ practice.

Keywords: ILC, customary international law, General Assembly, methodology

JEL Classification: K

Suggested Citation

Deplano, Rossana, The Riddle of Custom: General Assembly Resolutions (November 20, 2018). S. Droubi and J. d’Aspremont (eds), International Organizations, Non-State Actors, and the Formation of Customary International Law, Melland Schill Perspectives on International Law (Manchester University Press, 2019). Available at SSRN: https://ssrn.com/abstract=3287658

Rossana Deplano (Contact Author)

Leicester Law School ( email )

University Road
Leicester LE1 7RH, LE1 7RH
United Kingdom

Register to save articles to
your library

Register

Paper statistics

Downloads
45
Abstract Views
185
PlumX Metrics