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%T Godot was Always There: Repetition and the Formation of Customary International Law %A Werner, Wouter %P 24 %V 22 %D 2019 %K repetition; customary law; expert commitee; International Law Commission; pathways; polycentric governance %@ 2198-0411 %~ Käte Hamburger Kolleg / Centre for Global Cooperation Research (KHK/GCR21) %> https://nbn-resolving.org/urn:nbn:de:0168-ssoar-66667-6 %X 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. %C DEU %C Duisburg %G en %9 Arbeitspapier %W GESIS - http://www.gesis.org %~ SSOAR - http://www.ssoar.info