Identifying the Rules for Identifying Customary International Law: Response from Michael Wood and Omri Sender

Abstract

We are grateful to AJIL Unbound for organizing this symposium on the work of the International Law Commission on identification of customary international law. We are particularly grateful to all who have contributed to the symposium for their interest and insights. We shall not here reply comprehensively to everything that has been said. Many points will be addressed in the Special Rapporteur's third report, to be submitted to the UN Secretariat toward the end of March 2015 in preparation for the Commission's session beginning in May 2015. We would only say that many of the points made in the symposium thus far seem eminently sensible, and will hopefully be seen as such by the Commission. It has to be noted, however, that the work of the Commission is collegiate, and the eventual output does not belong to the Special Rapporteur (who is just a facilitator) but to the Commission as a whole- A nd eventually to the General Assembly and the international community.