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Jean d’Aspremont

doctrine of customary law, one that resuscitates Baron Descamps’ formula and the legal thought of the 1920s. This article tells the story of the doctrine of customary international law in these 98 years between the moment the introduction in July 1920 of the draft rules to be applied by the new Permanent

Christian Dahlman

1. Introduction Customary international law is created by state practice. According to well- established legal doctrine, a practice must meet two conditions to be regarded as a part of customary international law. It must be a general practice among states, and states must follow it because

Michael Wood

0 Introduction In his 2014 EJIL: Talk! blog entry entitled ‘Customary International Law as a Dance Floor’, 1 Jean d’Aspremont referred, among other things, to the “argumentative freedom” sought by certain international lawyers and scholars when identifying the rules of customary international

Alessandro Bufalini

1 Introduction In the ad hoc international criminal tribunals’ experience, the importance of customary international law and the vital role played by judges in its detection and recognition are well known. Given the insufficiency of the written provisions contained in the Statutes of the

The Requisite Rigour in the Identification of Customary International Law

A Look at the Reports of the Special Rapporteur of the International Law Commission

Noora Arajärvi

interpretation of customary international law ( cil ) has been perceived by scholars and judicial practice as undergoing a change. Both elements of cil – practice and opinio juris – have assumed novel and broader forms beyond the traditional understanding of Article 38 (1) (b) of the Statute of the

Cameron Miles

* LLM, PhD (Cantab); Barrister, 3 Verulam Buildings, London. An earlier version of this paper was given as part of a panel on the ILC’s work on customary international law at the 3rd biennial conference of the Italian branch of the International Law Association at LIUC Università

Sufyan Droubi

, University of Manchester. 1 Introduction Customary international law (hereafter cil ) has never ceased to attract the attention of international lawyers. 1 Since 2012, the topic of its identification is back on the International Law Commission’s ( ilc ) programme of work, under the rapporteurship

Rossana Deplano, PhD

1 Introduction The study of the International Law Commission (‘ ilc ’) on Identification of Customary International Law has sparked a renewed interest in an old academic debate: how is it possible to establish the existence of a customary rule? Aimed at providing a set of guidelines for

Enrico Milano

I. Preliminary Remarks The central role of customary international law in contemporary international investment law, especially in matters as important as the admissibility of claims and State responsibility, has been described under different perspectives in several doctrinal contributions

Developments in Customary International Law

Theory and the Practice of the International Court of Justice and the International ad hoc Criminal Tribunals for Rwanda and Yugoslavia


Birgit Schlütter

Customary international law is the most important source of international criminal law. Fifty years after the Nuremberg trials, many convictions imposed by the tribunals for the former Yugoslavia and Rwanda are still based on customary international law alone. The International Criminal Court, by contrast, has not yet had much opportunity to give more guidance on this matter. Hence, it is worthwhile to provide an overview of the current status of custom by analysing the ad hoc tribunal’s case law on this point. Including a comprehensive synopsis of current literature and a contrast of the ad hoc tribunal’s case law with the jurisprudence of the International Court of Justice, this book offers an inclusive insight into the source’s past and future.