Draft Conclusions on Identification of Customary International Law

E484082

Draft Conclusions on Identification of Customary International Law is a set of guidelines adopted by the International Law Commission that clarifies the methodology for determining the existence and content of customary international law.

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Statements (48)

Predicate Object
instanceOf International Law Commission product
codification and progressive development instrument
set of guidelines
adoptedBy International Law Commission NERFINISHED
adoptionContext work of the International Law Commission on the identification of customary international law
aimsTo assist courts and practitioners in applying customary international law
promote clarity and predictability in the identification of customary international law
appliesTo States
domestic courts
international courts and tribunals
international organizations
practitioners of international law
basedOn two-element approach to customary international law
clarifies assessment of consistency and generality of practice
forms of State practice relevant to customary international law
forms of opinio juris relevant to customary international law
persistent objector rule in customary international law
role of decisions of international courts and tribunals in identifying customary international law
role of inaction as practice in customary international law
role of resolutions of international organizations in identifying customary international law
role of teachings of publicists in identifying customary international law
role of treaties in identifying customary international law
special or regional customary international law
time element in formation of customary international law
contains commentaries
draft conclusions
field public international law
hasAuthor International Law Commission NERFINISHED
hasComponent conclusion on decisions of courts and tribunals
conclusion on general practice
conclusion on opinio juris
conclusion on resolutions of international organizations
conclusion on role of treaties
conclusion on teachings of publicists
general commentary
institutionalAffiliation United Nations NERFINISHED
language English
United Nations official languages NERFINISHED
legalNature non-binding guidelines
purpose clarify methodology for determining the existence and content of customary international law
recognizesElement general practice
opinio juris
relatedTo Article 38 of the Statute of the International Court of Justice
sources of international law
subjectMatter customary international law
usedBy International Court of Justice NERFINISHED
domestic courts interpreting customary international law
other international courts and tribunals

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International Law Commission notableWork Draft Conclusions on Identification of Customary International Law