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Community Interests Across International Law$
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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

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The International Law Commission and Community Interests

The International Law Commission and Community Interests

(p.101) 6 The International Law Commission and Community Interests
Community Interests Across International Law

Georg Nolte

Oxford University Press

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

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