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International organisations, non-State actors, and the formation of customary international law$
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Sufyan Droubi and Jean d'Aspremont

Print publication date: 2020

Print ISBN-13: 9781526134158

Published to Manchester Scholarship Online: September 2021

DOI: 10.7765/9781526134165

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PRINTED FROM MANCHESTER SCHOLARSHIP ONLINE (www.manchester.universitypressscholarship.com). (c) Copyright Manchester University Press, 2022. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in MSO for personal use.date: 02 July 2022

Opinio juris: between mental states and institutional objects

Opinio juris: between mental states and institutional objects

Chapter:
(p.62) Chapter 3 Opinio juris: between mental states and institutional objects
Source:
International organisations, non-State actors, and the formation of customary international law
Author(s):

Sufyan Droubi

Publisher:
Manchester University Press
DOI:10.7765/9781526134165.00010

This chapter addresses the role of international organisations in the formation of customary international law from a specific viewpoint: whether international organisations, which knowingly have many instruments to shape the behaviour of States, are also capable of shaping the opinio juris of States. For instance, would an international organisation such as the United Nations be able to promote, or at least influence the formation of opinio juris that is consistent with findings and recommendations of the Intergovernmental Panel on Climate Change? To develop my argument, I organise the chapter in two main parts – a study into the concept of opinio juris, and a study into the ability of international organisations to promote opinio juris with a desired content. This work concludes by playing down the possibility that international organisations are able to coordinate international processes in a manner to shape opinio juris pursuant to desired standards.

Keywords:   Opinio juris, Customary international law, States, International organisations, Speech acts, Institutions, Time, Consciousness, Intentionality, John Searle, Henry Bergson, Constructivism, Compliance

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