Home Research Agenda News and Events Publications Team Contact

News

KFG welcomes new senior fellow: Christian J. Tams

On 01 January 2018, Prof. Dr. Christian J. Tams joined the Research Group as a new senior fellow.

read the whole text here

Video of Thomas Franck Lecture by Andrea Bianchi, 4 December 2017

Watch the video of the lecture "The Unbearable Lightness of International Law" here.

read the whole text here

Video of Thomas Franck Lecture by Angelika Nußberger, 30 November 2017

Watch the video of the lecture "From high hopes to disillusionment? Human rights protection in Europe in an ever more hostile environment." here.

read the whole text here
Contact us:
Berlin Potsdam Research Group
International Law - Rise or Decline?
Unter den Linden 6
10099 Berlin
Germany
Tel: +49 (0)30 2093-3322
e-Mail: info(at)kfg-intlaw.de
subscribe to mailing list



funding by
Deutsche Forschungsgemeinschaft

Working Papers


KFG Working Paper Series No. 6

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 - Download PDF PDF

Abstract

Over the last few decades, the methodology for the identification of customary international law (CIL) has been changing. Both elements of CIL – practice and opinio juris – have assumed novel and broader forms, as noted in the Reports of the Special Rapporteur of the International Law Commission (2013, 2014, 2015, 2016). This paper discusses these Reports and the draft conclusions, and reaction by States in the Sixth Committee of the United Nations General Assembly (UNGA), highlighting the areas of consensus and contestation. This ties to the analysis of the main doctrinal positions, with special attention being given to the two elements of CIL, and the role of the UNGA resolutions. The underlying motivation is to assess the real or perceived crisis of CIL, and the author develops the broader argument maintaining that in order to retain unity within international law, the internal limits of CIL must be carefully asserted.


Freie Universität Berlin      Hertie School of Governance in Berlin      Humboldt-Universität zu Berlin      Universität Potsdam      WZB Berlin
          © 2017 KFG International Law - rise or decline?
login      Imprint