(Meta) Grotian Moment: International Organizations and the Rapid Formation of Customary International Law
In: GrotianaSearch for other papers by Lorenzo Gasbarri in
Current site
Google Scholar
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.
Purchase
Buy instant access (PDF download and unlimited online access):
Institutional Login
Log in with Open Athens, Shibboleth, or your institutional credentials
Personal login
Log in with your brill.com account
| All Time | Past Year | Past 30 Days | |
|---|---|---|---|
| Abstract Views | 422 | 122 | 7 |
| Full Text Views | 18 | 7 | 0 |
| PDF Views & Downloads | 47 | 21 | 3 |
(Meta) Grotian Moment: International Organizations and the Rapid Formation of Customary International Law
In: GrotianaSearch for other papers by Lorenzo Gasbarri in
Current site
Google Scholar
PubMed
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.
| All Time | Past Year | Past 30 Days | |
|---|---|---|---|
| Abstract Views | 422 | 122 | 7 |
| Full Text Views | 18 | 7 | 0 |
| PDF Views & Downloads | 47 | 21 | 3 |