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Godot was Always There: Repetition and the Formation of Customary International Law
[working paper]
Corporate Editor
Käte Hamburger Kolleg / Centre for Global Cooperation Research (KHK/GCR21)
Abstract Rules of customary law figure prominently in today’s law and policy. Across policy fields, courts and policy-makers are called to interpret and apply customary law. However, it is still a bit of a mystery how rules of customary law emerge and how they can be identified in the first place. In this pa... view more
Rules of customary law figure prominently in today’s law and policy. Across policy fields, courts and policy-makers are called to interpret and apply customary law. However, it is still a bit of a mystery how rules of customary law emerge and how they can be identified in the first place. In this paper, I set out why the mystery of customary law is bound to remain unresolved. Customary law cannot be treated as a body of rules ‘out there’, ready for application by domestic, regional or global authorities. Instead, it is part of a process of global cooperation where rules of customary law emerge and grow because they are restated. Rules of customary law only exist if they are successfully presented as already there.... view less
Keywords
law of nations; international cooperation; UNO; international law; common law
Classification
Law
Free Keywords
repetition; customary law; expert commitee; International Law Commission; pathways; polycentric governance
Document language
English
Publication Year
2019
City
Duisburg
Page/Pages
24 p.
Series
Global Cooperation Research Papers, 22
DOI
https://doi.org/10.14282/2198-0411-GCRP-22
ISSN
2198-0411
Status
Published Version; peer reviewed