Identification of Customary International Law in the Works of the United Nations International Law Commission
The review of the ways in which customary norms were established and of the role that the custom played in the system of sources of the international law was undertaken by the International Law Committee in 2012, when the subject of "Formation and evidence of customary international law" was included in its agenda and started being discussed . The topic was approved, first by the Sixth Committee and then, by the whole General Assembly of the United Nations which opened the way to further codification . In 2013 the Commission appointed Sir Michael Wood as the Special Rapporteur. The Rapporteur then submitted his first report supplemented by the memorandum of the International Law Commission Secretariat and the title of the report was "Elements in the previous work of the International Law Commission that could be particularly relevant to the topic" . During further discussions the ILC changed the title of the codified issue, replacing the initial topic ("Formation and evidence of customary international law") with the following one, which better reflected the nature of the regulation: "Identification of customary international law". By doing so the Commission wanted to clarify doubts as to the meaning of the word "evidence", in particular when translated into official languages of the United Nations. (original abstract)
- Skubiszewski K., Elements of Custom and the Hague Court, (1971) 31, "Zeitschrift für ausländisches öffentliches Recht und Völkerrecht", 810.
- Wolfke K., Custom in Present International Law" (2nd edition 1993).
- Wolfke K., L'Element subjectif dans la coutume international, (1960) 27 "Zeszyty Naukowe Uniwersytetu Wrocławskiego", Seria A, Prawo 161.
- Wolfke K., Some Persistent Controversies Regarding Customary International Law, (1993) "Netherlands Yearbook of International Law" 24.
- Wolfke K., Treaties and Custom: Aspects of Interrelation, in J. Klabbers, R. Lefeber (eds), Essays on the Law of Treaties: A Collection of Essays In Honour of Bert Vierdag (1998).