Talk:Public International Law/Sources of International Law/Customary Law

Review: May 21, 2023
Dear Victor,

Thank you also from my side. I agree with everything Max and Raffaela said, and I have also added some comments in the text. I also think that the role of custom with respect to the states that became 'newly independent' in the 1950s and 1960s is a lacuna in the text, as well as the role of UNGA resolutions and 'instant custom' etc. Both of these topics overlap, and including them is a great opportunity to cite more women and voices from the Global South, which is another thing that could be improved in the chapter overall. Besides Chimni's article and other texts I have suggested in the comments, here are some more suggestions for contributions you could work into your chapter:
 * Arajärvi, Noora, The Changing Nature of Customary International Law (she has also published several articles on customary international law)
 * Deplano, Rossana, The Riddle of Custom
 * Daugirdas, Kristina, International Organizations and the Creation of Customary International Law
 * Meguro, Maiko, Customary International Law and Non-State Actors
 * Okubuiro, Joycelin Chinwe, Application of Hegemony to Customary International Law: An African Perspective
 * Sreenivasa Rao, Pemmaraju, The Identification of Customary International Law

Warmly, ⁣ Sué

Sué González Hauck (discuss • contribs) 16:26, 21 May 2023 (UTC)

Review: May 18, 2023
Dear Victor, Thanks for the great chapter! I agree with Max' comments below and added some in-text comments. Just a few suggestions here:

-In the introduction, it would be nice to mention that custom might be of renewed relevance in times of crisis of classic treaty making (if you think that this is the case). - Also in the introduction: roadmap (we will circulate an authors checklist next week). - I think the "who creates custom" might in parts be a bit repetitive or at least too long. Under B. I.1. you say in short what you will explore in depth under C. Possible to shorten? - On the other hand, what I am missing is a small section on "who is bound" by custom. I think the persistent objection doctrine definitely belongs to the main text (and not advanced knowledge); also the "clean slate" debate for newly emerging states should be mentioned, I suppose. - Also very interesting is the fact that when it comes to custom, law-making might happen through law-breaking, with grey zones often emerging (example immunities). Maybe this could be mentioned somewhere. - I also wonder whether the discussion about "specially affected states" needs some more explanation. Maybe you could give an example? E.g. law of the sea where states with sea access have more relevance than states such as Switzerland. - In the section on opinio juris, I think it would be nice to mention that non-binding law such as GA resolutions through CIL can "harden" into binding law.

Best, Raffaela --129.132.99.69 (discuss) 10:26, 18 May 2023 (UTC)

Review: May 12, 2023
Overall, this chapter on customary international law provides an excellent resource for students looking to deepen their knowledge of this important area of law. With clear and accessible language, detailed analysis of relevant ICJ decisions, and text boxes providing additional context and insight, this is a valuable tool for anyone seeking to better understand the complexities of customary international law.

The language used in the chapter is simple and easy to understand, making it accessible to students who are new to the subject. You have done an excellent job of explaining this complex legal concept in an approachable manner, which is a real strength of the chapter. In particular, I was impressed by the detailed analysis of relevant ICJ decisions, which provides a valuable resource for students looking to deepen their understanding of the topic.

You have made excellent use of text boxes throughout the chapter, which provide additional context and insight into details of customary law. This is an excellent way of engaging with students and making the material more accessible.

There are some issues with the formatting of the footnotes, which are not always consistent with the OSCOLA citation style. To ensure the chapter is fully compliant with OSCOLA, you should review the formatting of the footnotes and make necessary corrections.

Note also that the following parts are still missing: further readings, conclusion

You could add some links to other chapters of the textbook.

Note that I have made some linguistic improvements to the text. Max Milas (discuss • contribs) 19:35, 12 May 2023 (UTC)

Review 2 November 2021
Dear Victor, Thank you for accepting to write this important chapter. I am really looking forward to seeing how it develops. As I mentioned in more detail in the comments, I think the introductory section needs to be carefully rearranged in order to be more easily accessible for students. For your further work on the chapter, I have some suggestions for topics on which you could focus: 1) the idea of instant custom and the role of UNGA resolutions in the development of customary law, especially in the debates between the Global South and Global North in the 1960s and 1970s 2) non-State actors in the formation of customary law 3) critiques that the ICJ mainly refers to its own previous judgments as evidence for CIL 4) relationship between treaty rules and customary law

Some important works written by women and/or scholars located in the Global South, which I would strongly encourage you to incoporate into your chapter, include: B.S. Chimni, Customary International Law: A Third World Perspective; Joycelyn Chinwe Okibuiro, Application of Hegemony to Customary International Law: An African Perspective; Noora Arajärvi, The Changing Nature of Customary Law; Rossana Deplano, The Riddle of Custom; Malgosia Fitzmaurice, Customary Law, General Principles, Unilateral Acts; Pemmaraju Sreenivasa Rao, The Identification of International law: A Process that Defies Prescription; Galindo, G.R.B., and C. Yip, “Customary International Law and the Third World: Do Not Step on the Grass”, Chinese Journal of International Law, 16 (2017), No. 2, pp. 251-270; Anthea Roberts, Traditional and Modern Approaches to Customary International Law Sué González Hauck (discuss • contribs) 08:31, 2 November 2021 (UTC)