The Development Of Customary International Law By International Organizations

International custom is a code of conduct which is accepted by most subjects through continuous practice and gives them legal effect.The commission hold that the elements of state practice and opinion juris in the identification of customary international law.In the process of identifying customary international law,the special reporter recognized the effect of international organizations.But influenced by the traditional concept of state sovereignty,there was a theoretical tendency to focus on states,treat states differently form international organizations and ignore the influence of supranational organizations.The international community agrees that the country mainly develops customary international law in the three ways of technology promotion,power expansion of powerful countries and military competition.The paper focuses on the development of customary international law by international organization,and takes the EU as an example.International organizations can embody emerging habits and thus promote the development of modern theories of customary international law.In normative customary theory,the process of the formation of legal rules can be made more transparent,thus giving states a better understanding of the true basis for the formation of customary rules.The article doesn't discuss the extent to which international organizations act independently of their members,but focuses on summarizing the three ways in which international organizations develop customary international law.While the commission recognized that the EU's approach had contributed to the development of a view of customary international law,all the recent reports had not show details on the type of organizational practice involved.The article discusses the development of the EU's customary international law in the field of treaty practice and the jurisprudence of the European Court of Justice.The EU's treaty practice challenges the traditional dichotomy between countries and international organizations and gives rise to specific EU provisions.Customary international law is also evolving in the practice of the European Court of Justice in the interpretation of public international law relating to the meaning,territory and nationality of treaties...