Jump to ContentJump to Main Navigation
Community Interests Across International Law$
Users without a subscription are not able to see the full content.

Eyal Benvenisti and Georg Nolte

Print publication date: 2018

Print ISBN-13: 9780198825210

Published to Oxford Scholarship Online: July 2018

DOI: 10.1093/oso/9780198825210.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 18 November 2019

The International Law Commission and Community Interests

The International Law Commission and Community Interests

Chapter:
(p.101) 6 The International Law Commission and Community Interests
Source:
Community Interests Across International Law
Author(s):

Georg Nolte

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198825210.003.0007

The chapter looks at community interests from the perspective of the International Law Commission. It examines both secondary and primary rules of international law, as they have been articulated by the Commission, and their relevance for the recognition and implementation of community interests. The picture which emerges, however, fits the narrative of “from self-interest to community interest” only to a certain extent. Whereas the Commission has indeed recognized, or developed, certain primary rules which more fully articulate community interests, it has been reluctant to reformulate secondary rules, with the exception of jus cogens. The Commission has more recently rather insisted that the traditional state-consent-oriented secondary rules concerning the formation of customary international law and regarding the interpretation of treaties continue to be valid in the face of other actors and forms of action which push toward the recognition of more and thicker community interests.

Keywords:   international law, International Law Commission, community interests, primary rules, secondary rules, state consent

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .