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Author: Sufyan Droubi

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 non-institutionalised 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.

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In: International Organizations Law Review
Author: Sufyan Droubi

The present work addresses the role of un in the formation of customary international law from a constructivist perspective. It dialogues with the International Law Commission and, in contrast with the latter, it argues that the importance of the un is a matter to be defined empirically. Its organs are capable of acting as norm entrepreneurs, articulating and promoting new norms. They are capable of affecting social processes in order to create pressure on the states that resist emergent norms. Thus, instead of a mere agent of states the un is capable of deeply influencing them both in behavioural and attitudinal terms. Furthermore, the un promote the formalization and institutionalization of new norms, elucidating their scope, application, and embedding them in consistently coherent amalgamation of norms and practices. Hence, it is capable of fostering the processes that lead to the crystallization of norms as customary international law.

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In: International Community Law Review
In: International Organizations Law Review