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Customary International Law

International law is often assailed by criticisms that are questionable or at least completely out of the control of scholars. One defect of international law which is surely within the purview of scholars to remedy is indeterminacy over the formation, application, and development of customary international law. The European Journal of International Law has been at the forefront of attempts to clarify (or complexify) this most problematic aspect of our discipline.

The papers below provide an analysis of the aspects of international law that derive from custom, or state practice. If you are working on a related paper, it may be a good fit for the EJIL.
Learn more about submitting here.

Is General International Law Customary Law Only?
Grigory Tunkin
(1993) 4 (4): 534-541

The defence of superior orders: the statute of International Criminal Court versus customary international law
Paola Gaeta
(1999) 10 (1): 172-191

Scandinavian Realism and Phenomenological Approaches to Statehood and General Custom in International Law
Anthony Carty
(2003) 14 (4): 817-841

The Prohibition of Torture as an International Norm of jus cogens and Its Implications for National and Customary Law
Erika de Wet
(2004) 15 (1): 97-121

Uncertainty in the Formal Sources of International Law: Customary International Law and Some of Its Problems
Jörg Kammerhofer
(2004) 15 (3): 523-553

International Relations Looks at Customary International Law: A Traditionalist’s Defence
Detlev F. Vagts
(2004) 15 (5): 1031-1040

Customary International Law in the 21st Century: Old Challenges and New Debates
Roozbeh (Rudy) B. Baker
(2010) 21 (1): 173-204

Conceptual Confusion and Methodological Deficiencies: Some Ways that Theories on Customary International Law Fail
László Blutman
(2014) 25 (2): 529-552

Some Ways that Theories on Customary International Law Fail: A Reply to László Blutman
Andrew T. Guzman and Jerome Hsiang
(2014) 25 (2): 553-559

Determining Customary International Law: The ICJ’s Methodology between Induction, Deduction and Assertion
Stefan Talmon
(2015) 26 (2): 417-443

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