... The author thanks Mr Omri Sender for his invaluable assistance. With an emphasis on the role of international organizations and non-State actors to the formation of customary international law, this chapter recalls some of the key choices made by the International Law Commission in its work...

...This chapter examines the role of resolutions in the International Law Commission Conclusions on Identification of Customary International Law. The analysis unfolds along three lines of inquiry. The first one critically analyses the methodology devised by the International Law Commission...

... for it) as a further piece of practice, this time on the part of the organization also Principles 31 and 32 and their Commentary (resolutions of the United Nations General Assembly). cf with International Law Commission, Identification of Customary International Law, Text of the Draft Conclusions and commentaries...

...Against the backdrop of the inconclusiveness of Conclusion 4(2) regarding the role of international organisations in the formation of custom, this chapter elaborates on the reasons behind this lack of consensus and how this has affected the end-product of the International Law Commission’s work...

...The chapter presents and critically assesses the view on non-State actors expressed in the Conclusions on Identification of Customary International Law adopted by the United Nations International Law Commission in 2018. Conclusion 4(3), setting the requirement of practice, stipulates that ‘conduct...

...In spite of the International Law Commission’s reluctance to recognize the direct incidence of non-State actors in the formation of customary international law, this chapter suggests that non-State actors can possibly matter in the formation of customary international law. After considering...

...This chapter addresses the manner in which the International Law Commission sees its own output in relation to custom. While in the Conclusions and Commentary on the Identification of Customary International Law it dedicates specific sections to ‘teachings of publicists’ and judgments...