Internationalorganisations have emerged in the United Nations era, alongside States, as some of the most prominent actors in international law. Within a very limited time-span they have grown considerably in number but also in size. There remains nevertheless, until today, a certain ambivalence as to their lawmaking capacity in the international legal order, especially with respect to customary international law. 1 The argument has been made long ago that such institutions provide ‘shortcuts to finding custom’. 2 Decision-making procedures within such
This collection of chapters 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 practical and theoretical perspectives on one of the most complex questions about the making of international law, namely the possibility that actors other than states contribute to the making of customary international law. Notwithstanding the completion by the International Law Commission of its work on the identification of customary international law, the making of customary international law remains riddled with acute practical and theoretical controversies which have been left unresolved and which continue to be intensively debated in both practice and scholarship. 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, researchers 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.
It seems uncontested that internationalorganisations 1 can contribute to the making of customary international law. 2 Interestingly, however, the attention of international legal scholars has mostly been drawn to the role internationalorganisations play as forums for evidence of practice and opinio juris of States, 3 rather than their direct involvement as independent international legal persons. This chapter aims to fill the shortfall of internationalorganisations-focused research. It seeks to demonstrate the increasingly important role of
The Conclusions on Identification of Customary International Law (hereafter ‘the Conclusions’) as adopted by the International Law Commission on second reading 1 are an important resource in a thorny area of international law. A stated primary aim is to offer guidance to practitioners, 2 which accounts for the focus on systematisation of positive international law and practice.
The Conclusions are brief on the position of internationalorganisations as independent actors in the formation of customary international law. This modest role could seem
puise sa sagesse dans la science qui a dénoncé les péril, son dynamisme dans la necessite de fair vite. Elle est tout à la fois coutume savante et alertante. 1
In a well-known 1974 piece, from which the words above have been extracted, René-Jean Dupuy sheds light on many aspects of importance for the present discussion about the role of internationalorganisations in the formation of customary international law, specifically, in the formation of opinio juris , in the present times. Dupuy starts by affirming a tension between fact and mind, and by highlighting the
/or vulnerable North Koreans, but data from agencies working inside the country indicates that a prolonged situation of food insecurity and inadequate access to quality healthcare and hygiene facilities persists. 2
The international humanitarian system in the DPRK includes non-governmental organisations (NGOs), internationalorganisations (IOs) and bilateral organisations. There is no known independent civil society in the DPRK. Humanitarians work with various national and local bodies to deliver their programmes. Humanitarian agencies began working in the country in the mid
As other chapters in this volume confirm, the role of internationalorganisations in the formation and expression of rules of customary international law, as well as the extent of such a role, remains controversial in legal doctrine and practice. This chapter explores several aspects of the practice of the Secretariat of the United Nations as a specific example in an attempt to identify significant points that may inform the general debate on the issue. In so doing, it follows a practical approach based on the recent work of the International Law Commission
The International Law Commission’s work on the identification of customary international law raised the question whether actors other than States may play a role in the formation or expression of customary international law. Beyond internationalorganisations whose contribution to the formation of customary international law is covered in detail in the Special Rapporteur’s third report, the role of ‘other non-State actors’ such as non-governmental organisations and even individuals was only briefly invoked by the Special Rapporteur. Indeed, scholar works
from want and freedom from fear.
The Dumbarton Oaks Conference took place in Washington, D.C., from August to October 1944.
Delegations from the US, the UK, the Soviet Union and China gathered to discuss plans for a
post-war internationalorganisation. The United Nations then came into existence in October
1945, when 51 countries ratified its charter in San Francisco.
In The Great Transformation , Karl Polanyi refers to a double movement that
occurs in the development of the ‘Market
in conflict (AHCC). In 2014, the UN General Assembly approved draft resolution (A/69/L.35) on global health and foreign policy, with a focus on protection of health workers, and in 2016 the UN Security Council approved resolution 2286 on the protection of healthcare during conflict. Accordingly, various UN agencies and human rights and humanitarian local and internationalorganisations have intensified efforts to document AHCC. The WHO established the Surveillance System for Attacks on Health Care (SSA) mechanism as a global surveillance system. Physicians for