The Process of International Law-Making: The Relationship between the International Court of Justice and the International Law Commission
The Process of International Law-Making: The Relationship between the International Court of Justice and the International Law Commission

Summary/Abstract: Article 38, para.1, of the Statute of the International Court of Justice defines customary international law as evidence of general practice accepted as law, understood as State practice and opinio juris. However, by identifying certain norms as an international custom without referring to the traditional evidence of State practice and opinio juris, international courts and tribunals are contributing to the formation of customary international law. This paper presents an analysis of how the International Court of Justice contributes to the formation of customary international law by relying on the draft articles of the International Law Commission.

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