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Published online by Cambridge University Press: 20 January 2017
The International Law Commission (ILC) decided in 2012 to add to its agenda a new topic on the “identification of customary international law” and to appoint Sir Michael Wood (United Kingdom) as special rapporteur. That project has reached an important point, with a series of Draft Conclusions having been cleared through the Commission’s Drafting Committee, and ready for the Commission’s provisional approval (together with commentaries) in 2015. As such, now is a propitious time for governments, international organizations, nongovernmental organizations, scholars, and others to weigh in on the merits of these Draft Conclusions, and additional ones that will be developed in 2015–16.
1 Michael Wood, Special Rapporteur, Second Rep. on Identification of Customary International Law, Int’l Law Comm’n, UN Doc. A/CN.4/672 (May 22, 2014).
2 Gilberto Saboia, Chairman of the Drafting Committee, Statement on the Identification of Customary International Law, Int’l Law Comm’n (Aug. 7, 2014).
3 Int’l Law Ass’n, London Conference, 2000, Final Rep. of Comm. on Formation of Customary (General) International Law, Statement of Principles Applicable to the Formation of General Customary International Law (2000).
4 UN Secretariat, Formation and Evidence of Customary International Law: Elements in the Previous Work of the International Law Commission that Could Be Particularly Relevant to the Topic, Memorandum by the Secretariat, Int’l Law Comm’n, UN Doc. A/CN.4/659 (Mar. 14, 2013).
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