The Contribution to Customary International Law by Territories Under International Administration
Forthcoming, Jean d'Aspremont & Sufyan Droubi, eds., International Organizations and the Formation of Customary International Law (Manchester University Press, 2018)
10 Pages Posted: 21 Nov 2017 Last revised: 6 Dec 2017
Date Written: July 1, 2017
Abstract
The debate over which actors contribute to customary international law generally centers on international organizations and other non-State actors, and easily accepts States as relevant actors. However, on rare occasions States can be governed by an international organization. When an international organization becomes entangled with a State government, the normal participation in the formation of customary international law becomes confused. A survey of practice citing to the acts of international territorial administrations shows that it is possible for these governance arrangements to contribute to customary international law, even though those acts are formally undertaken by an international organization.
Keywords: customary, international law, territorial, administration, ITA, United Nations, UN, UNTAES, UNMIK, UNTAET, UNOSOM, OHR, ILC, Saar, Danzig, League of Nations, CP, UNTAC, Namibia
JEL Classification: K00, K10, K19, K30, K33, K39
Suggested Citation: Suggested Citation