Skip to Main content Skip to Navigation
New interface
Journal articles

The Four Lives of Customary International Law

Abstract : This article tells the story of customary international law in the 98 years between the introduction of the draft rules to the new Permanent Court of International Justice and the adoption of the Conclusions on the identification of customary international law by the International Law Commission in 2018. This story is articulated around four moments of rupture and metamorphoses: 1920, 1927, 1986, and 2018. Each of these four metamorphoses originates in powerful interventions by actors resulting in a redefinition of how arguments about the customary status of a rule ought to be made. It is argued that the doctrine of customary international law, by undergoing these four metamorphoses, has gone through 4 different stages: the age of innocence (1920–1927), the age of dualism (1927–1986), the age of turmoil (1986–2018), and the return to innocence (2018-present). The story offered in this article is a story about the four lives of customary international law.
Document type :
Journal articles
Complete list of metadata

https://hal-sciencespo.archives-ouvertes.fr/hal-03228009
Contributor : Spire Sciences Po Institutional Repository Connect in order to contact the contributor
Submitted on : Monday, May 17, 2021 - 5:15:18 PM
Last modification on : Tuesday, September 27, 2022 - 2:01:55 PM

Links full text

Identifiers

Collections

Citation

Jean d'Aspremont. The Four Lives of Customary International Law. International Community Law Review, 2019, 21 (3-4), pp.229-256. ⟨10.1163/18719732-12341401⟩. ⟨hal-03228009⟩

Share

Metrics

Record views

30