@techreport{Nolte2019,
  type      = {Working Paper},
  author    = {Nolte, Georg},
  title     = {How to Identify Customary International Law? - On the Final Outcome of the Work of the International Law Commission (2018)},
  series = {KFG Working Paper Series},
  journal   = {KFG Working Paper Series},
  number    = {37},
  doi       = {10.25932/publishup-43588},
  url       = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-435884},
  pages     = {22},
  year      = {2019},
  abstract  = {How to identify customary international law is an important question of international law. The International Law Commission has in 2018 adopted a set of sixteen conclusions, together with commentaries, on this topic. The paper consists of three parts: First, the reasons are discussed why the Commission came to work on the topic "Identification of customary international law". Then, some of its conclusions are highlighted. Finally, the outcome of the work of the Commission is placed in a general context, before concluding.},
  language  = {en}
}
@techreport{Nolte2017,
  type      = {Working Paper},
  author    = {Nolte, Georg},
  title     = {The International Law Commission and Community Interests},
  series = {KFG Working Paper Series},
  journal   = {KFG Working Paper Series},
  number    = {7},
  issn      = {2509-3770},
  doi       = {10.25932/publishup-42187},
  url       = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-421875},
  pages     = {22},
  year      = {2017},
  abstract  = {The paper looks at community interests in international law from the perspective of the International Law Commission. As the topics of the Commission are diverse, the outcome of its work is often seen as providing a sense of direction regarding general aspects of international law. After defining what he understands by "community interests", the author looks at both secondary and primary rules of international law, as they have been articulated by the Commission, as well as their relevance for the recognition and implementation of community interests. The picture which emerges only partly fits the widespread narrative of "from self-interest to community interest". Whereas the Commission has recognized, or developed, certain primary rules which more fully articulate community interests, it has been reluctant to reformulate secondary rules of international law, with the exception of jus cogens. The Commission has more recently rather insisted that the traditional State-consent-oriented secondary rules concerning the formation of customary international law and regarding the interpretation of treaties continue to be valid in the face of other actors and forms of action which push towards the recognition of more and thicker community interests.},
  language  = {en}
}
@techreport{KriegerNolte2016,
  type      = {Working Paper},
  author    = {Krieger, Heike and Nolte, Georg},
  title     = {The International Rule of Law - Rise or Decline?},
  series = {KFG Working Paper Series},
  journal   = {KFG Working Paper Series},
  number    = {1},
  issn      = {2509-3770},
  doi       = {10.25932/publishup-41952},
  url       = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-419528},
  pages     = {25},
  year      = {2016},
  abstract  = {The paper undertakes a preliminary assessment of current developments of international law for the purpose of mapping the ground for a larger research project. The research project pursues the goal of determining whether public international law, as it has developed since the end of the Cold War, is continuing its progressive move towards a more human-rights- and multi-actor-oriented order, or whether we are seeing a renewed emphasis of more classical elements of international law. In this context the term "international rule of law" is chosen to designate the more recent and "thicker" understanding of international law. The paper discusses how it can be determined whether this form of international law continues to unfold, and whether we are witnessing challenges to this order which could give rise to more fundamental reassessments.},
  language  = {en}
}