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18 Int'l Org. L. Rev. 1 (2021)

handle is hein.journals/iolr18 and id is 1 raw text is: INTERNATIONAL ORGANIZATIONS LAW REVIEW BRILL 18 (2021) 1-45 LAW REI N IJ H O F F brill.com/iolr The Contribution of International Organizations to the Formation, Interpretation and Identification of International Law Questions Arising from the Work of the International Law Commission Janina Barkholdt Doctoral candidate and research assistant at the Chair for Public Law and Public International Law, Humboldt University of Berlin, Berlin, Germany janina.barkholdt@rewi.hu-berin.de Abstract In light of increased pressure on multilateral institutions, this article assesses the contribution of international organizations (IOs) to shaping international law. For that purpose, it analyses the recent work of the International Law Commission (ILC) regarding the role of IOs and its reception by States. The article argues that States do not perceive IOs as a relic of bygone times. Instead, the sceptical attitude of some States seems to be based primarily on a lack of conceptual clarity with regard to IO practice. Yet, a changing geopolitical landscape increases the pressure on lawyers to explain firstly, that the relevance of IO practice finds support in international law (and not only in favourable power relations), and secondly, that the law provides means to integrate a more plural international order within a common framework. On that basis, the article sketches possible approaches to four issues which were left open by the ILC. Keywords international organizations - interpretation - customary international law - attribution - International Law Commission - sovereignty - regional organizations © KONINKLIJKE BRILL NV, LEIDEN, 2020 DOI:10.1163/15723747-2020021

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