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

Edited by: Sufyan Droubi, Jean D'Aspremont

ISBN13: 9781526134158
Published: December 2020
Publisher: Manchester University Press
Country of Publication: UK
Format: Hardback
Price: £55.00



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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.

Subjects:
Public International Law
Contents:
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