TY  - RPRT
A1  - Arajärvi, Noora
T1  - The Requisite Rigour in the Identification of Customary International Law
BT  - A Look at the Reports of the Special Rapporteur of the International Law Commission
T2  - KFG Working Paper Series
N2  - 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.
T3  - KFG Working Paper Series - 6 
KW  - international law
KW  - customary international law
KW  - United Nations
KW  - International Law Commission
KW  - Special Rapporteur
KW  - state practice
KW  - opinio juris
Y1  - 2018
U6  - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:517-opus4-420742
SN  - 2509-3770
SN  - 2509-3762
IS  - 6
ER  -