(Meta) Grotian Moment: International Organizations and the Rapid Formation of Customary International Law

43-1 Grotiana (2022 Forthcoming)

Bocconi Legal Studies Research Paper No. 4101542

20 Pages Posted: 9 May 2022

Date Written: May 5, 2022

Abstract

In this paper, I first discuss the concept of Grotian Moment in the context of the capacity of international organizations to contribute to the formation and identification of customary international law. Afterward, I apply three levels to discuss the time element of the formation of custom. At the micro-level of the institutional practice, the time required to form a customary norm may depend on whether each form of practice is directed to the institutional or to the international dimension. At the level of the organ, I reflect on the difference played by the presence or absence of member states in the institutional organ that adopts the practice relevant for custom formation. At the macro-level of the characteristics of the organization, I distinguish between so-called supranational and functional organizations. In general, I exclude the relevance of speaking in terms of a ‘Moment’ that produces a paradigm shift, and I stress the continuous change to which international law is subject.

Keywords: Customary international law, time element, international organizations, institutional practice, United Nations

JEL Classification: K33

Suggested Citation

Gasbarri, Lorenzo, (Meta) Grotian Moment: International Organizations and the Rapid Formation of Customary International Law (May 5, 2022). 43-1 Grotiana (2022 Forthcoming), Bocconi Legal Studies Research Paper No. 4101542, Available at SSRN: https://ssrn.com/abstract=4101542

Lorenzo Gasbarri (Contact Author)

Scuola Superiore Sant'Anna ( email )

Piazza Martiri della Liberta, n. 33
Pisa, 56127
Italy

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