About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

19 Int'l Comm. L. Rev. 1 (2017)

handle is hein.journals/intlfddb19 and id is 1 raw text is: 


                        INTERNATIONAL   COMMUNITY
                          LAW  REVIEW 19 (2017) 1-8               1  R
 BRILL
 NIJHOFF                                                        brill.com/icIr



 Introductory Note: Beyond the Identification of

 International Customary Rules


        Vassilis P Tzevelekos
      University of Liverpool School of Law and Social Justice
        VTzevelekos@liverpooLac.uk



This special issue of the International Community Law  Review hosts selected
papers from a conference on international customary law that I co-organised in
July 2015 as a member (at the time) of the McCoubrey Centre for International
Law. Custom  is a mysterious source of international law.' Every generation of
lawyers has painstakingly strived to demystify it, by explaining its formation
and  by endeavouring  (in vain?) to encapsulate it in such a way so that it fits
into the tidy boxes and channels through which law is formally constructed
by society, its subjects and their institutions. Yet, the inherent spontaneity2 of
a construct that emerges  from the society (through conduct  of its members
that, somehow,  transforms itself into a legal rule) is in sharp contrast with the
very premises and  physiognomy  of posited law that promises certainty (as to
its validity and content) through formalism. Perhaps customary law and legal
positivism make  odd  bedfellows. Or it may simply be that lawyers (even the
greatest among  them)  do  not possess the tools (i.e. methodological equip-
ment)  that would allow them to tame customary law.



*  I wish to thank the ICLR for hosting the papers on international customary law published in
   this issue, its Editor-in-Chief, Professor Malgosia Fitzmaurice, its Managing Editor, Dr Sarah
   Singer, the authors contributing to the issue, the ILC Special Rapporteur, Sir Michael Wood,
   Mr Omri Sender, the anonymous reviewers and, last but not least, the McCoubrey Centre for
   International Law.
1  Prosper Weil, Le droit international en qubte de son identit, 237 Recueil des cours de
   lAcadimie de droit international de La Haye (1996) p. 161 and Georges Abi-Saab, Cours
   g~ndral de droit international public, 207 Recueil des cours de lAcadimie de droit internatio-
   nal de La Haye (1996) pp. 174-175.
2  Among others, Roberto Ago, Science juridique et droit international, 90 Recueil des cours
   de lAcadimie de droit international de La Haye (1957) pp. 851 and following and especially
   pp. 932 and following.


@ KONINKLIJKE BRILL NV, LEIDEN, 2017  DOI 10.1163/18719732-12341345

What Is HeinOnline?

HeinOnline is a subscription-based resource containing nearly 3,000 academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline with pricing starting as low as $29.95

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most