THE TRANSLATION AND EVALUATION OF THE DRAFT CONCLUSIONS OF THE INTERNATIONAL LAW COMMISSION ABOUT INTERNATIONAL CUSTOMARY LAW
ULUSLARARASI TEAMÜL HUKUKU HAKKINDAKİ ULUSLARARASI HUKUK KOMİSYONU’NUN TASLAK SONUÇLARININ ÇEVİRİSİ VE İNCELENMESİ

Author : Gökhan ALBAYRAK
Number of pages : 387-400

Abstract

Although the number of treaties increases nowadays, the role of international custom in international law is beyond dispute. Therefore the issue of the formation and identification of international custom constitutes one of the important subjects of international law. The preparation of draft conclusions about custom which is the non-written area of international law by International Law Commission that is occupied with the codification of international law is interesting as well as useful for the doctrine. The text of the draft conclusions in the year of 2016 will be assessed within the scope of the doctrine and international judicial decisions in this study. In addition to the draft conclusions, the report of International Law Association will be included. In this context, it is concluded that draft conclusions are in accord with the classical arguments of international law.

Keywords

International Custom, International Law Commission, State Practice, Opinio Juris, Draft Conclusion

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