I am delighted to announce that, over the next few days, we will be hosting a discussion of Professor Stefan Talmon’s (University of Bonn) recent article – “Determining Customary International Law: The ICJ’s Methodology between Induction, Deduction and Assertion” – which was published a few months ago in (2015) EJIL Issue no. 2 . As he explains in the abstract:
This article aims to refocus attention on the methodology used by the Court when determining the rules of customary international law that it applies, and it highlights the role played by methodology in the development of customary international law.
Commenting on the article will be Sir Michael Wood, who is the International Law Commission’s Special Rapporteur on “The Identification of Customary International Law”, writing together with Omri Sender (of the World Bank); Harlan Grant Cohen (University of Georgia); and Fernando Lusa Bordin (University of Cambridge). They have all previously written brilliantly on customary international law. We are grateful to each of them for taking part in this discussion. As usual, comments by readers are welcome. Stefan’s article is freely available on the EJIL and OUP websites so do take a look at it in advance of the discussion.