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International Organisations, Non-state Actors and the Formation of Customary International Law

International Organisations, Non-state Actors and the Formation of Customary International Law

Author: Sufyan Droubi; Jean D'Aspremont
Publisher: Manchester University Press
ISBN: 9781526134158

Published In: December 2020
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781526195814

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This collection of essays provides the most comprehensive study of the theory and practice on the contribution of international organisations and non-state actors to the formation of customary international law. It offers new perspectives on one of the most complex questions about the making of international law, namely the possibility that actors other than states contributes to the making of customary international law. Making extensively reference to the case-law of international law courts and tribunals as well as the practice of treaty-monitoring bodies while also engaging with the most recent scholarly work on customary international law, this new volume provides innovative tools and guidance to legal scholars, researcher in law, law students, lecturers in law, practitioners, legal advisers, judges, arbitrators, and counsels as well as tools to address contemporary questions of international law-making.

Introduction: Stories about International Organisations, Non-State Actors and the Formation of Customary International Law - Sufyan Droubi and Jean d'Aspremont

1. International Organisations as Autonomous Actors - Nikolaos Voulgaris

2. Capturing the Juridical Will - Catherine Brölmann

3. Opinio Juris: Between Mental States and Institutional Objects - Sufyan Droubi

4. Beyond the Either-Or Paradigm - Lorenzo Gasbarri

5. Between Anthropomorphism and Artificial Unity - Maiko Meguro

6. Custom as the product of successful argumentative campaigns - Fabian Cardenas

7. Unlearning some common tropes - Jean d'Aspremont

8. International Organizations and non-State actors in the International Law Commission's Conclusions on Identification of Customary International law - Michael Wood

9. The International Law Commission Perspective on Non-State Actors and Customary International Law - Veronika Bílková

10. The International Law Commission in the Eyes of the International Law Commission: Mirror or Looking-glass? - Luíza Leão Soares Pereira

11. The Riddle of Custom: General Assembly Resolutions - Rossana Deplano

12. The United Nations Secretariat and Custom - Jean-Baptiste Merlin

13. The Making of Custom through Sanctions of International Organisations - Marusa T. Veber

14. The International Committee of the Red Cross and Custom - Iris Müller

15. Treaty Bodies and States: Shaping Custom - Kasey McCall-Smith

16. The Contribution to Customary International Law by Territories under International Administration - William Thomas Worster

17. The formation of customary international law by de facto regimes - Antal Berkes

18. Investors in the Formation of Customary International Law - Tomoko Yamashita

19. Adjudicators, Guardians, and Enforcers: Taking the Role of Non-Governmental Organisations in Customary International Law-Making Seriously - Valentina Azarova