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18 Int'l Org. L. Rev. 1 (2021)

handle is hein.journals/iolr18 and id is 1 raw text is: INTERNATIONAL ORGANIZATIONS LAW REVIEW
BRILL                        18 (2021) 1-45                     LAW REI
N IJ H O F F                                                   brill.com/iolr
The Contribution of International Organizations to
the Formation, Interpretation and Identification of
International Law
Questions Arising from the Work of the International Law Commission
Janina Barkholdt
Doctoral candidate and research assistant at the Chair for Public Law and
Public International Law, Humboldt University of Berlin, Berlin, Germany
janina.barkholdt@rewi.hu-berin.de
Abstract
In light of increased pressure on multilateral institutions, this article assesses the
contribution of international organizations (IOs) to shaping international law. For
that purpose, it analyses the recent work of the International Law Commission (ILC)
regarding the role of IOs and its reception by States. The article argues that States do
not perceive IOs as a relic of bygone times. Instead, the sceptical attitude of some
States seems to be based primarily on a lack of conceptual clarity with regard to IO
practice. Yet, a changing geopolitical landscape increases the pressure on lawyers to
explain firstly, that the relevance of IO practice finds support in international law (and
not only in favourable power relations), and secondly, that the law provides means
to integrate a more plural international order within a common framework. On that
basis, the article sketches possible approaches to four issues which were left open by
the ILC.
Keywords
international organizations - interpretation - customary international law -
attribution - International Law Commission - sovereignty - regional organizations

© KONINKLIJKE BRILL NV, LEIDEN, 2020  DOI:10.1163/15723747-2020021