Nikolaos Voulgaris
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International organisations as autonomous actors
in International organisations, non-State actors, and the formation of customary international law
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Against the backdrop of the inconclusiveness of Conclusion 4(2) regarding the role of international organisations in the formation of custom, this chapter elaborates on the reasons behind this lack of consensus and how this has affected the end-product of the International Law Commission’s work; that is the Conclusions incorporated in the International Law Commission’s 2018 Report. Such an enquiry is, according to this chapter, the key to addressing the shortcomings of the International Law Commission’s approach and to understanding whether the relevant Conclusion bears a strong normative claim to hardening into lex lata.

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