SPECIALLY-AFFECTED STATES AND THE FORMATION OF CUSTOM

• 成果类型: Article
• 署名作者: Heller, Kevin Jon
• 署名单位: University of Amsterdam; University of London; University of London School Oriental & African Studies (SOAS)
• 刊物名称: AMERICAN JOURNAL OF INTERNATIONAL LAW
• ISSN/ISSBN: 0002-9300
• DOI: 10.1017/ajil.2018.22
• 发表日期: 2018
• 页码: 191-243
• 关键词: INTERNATIONAL-LAW; FORCE; PRINCIPLE; JUSTICE; COURT

摘要

Although the United States has relied on the ICJ's doctrine of specially-affected states to claim that it and other powerful states in the Global North play a privileged role in the formation of customary international law, the doctrine itself has never been systematically developed by the ICJ or by legal scholars. This article fills that lacuna by addressing two questions: (1) what makes a state specially affected?; and (2) what is the importance of a state qualifying as specially affected for the formation of custom? It concludes that a theoretically coherent understanding of the doctrine would give states in the Global South significant power over custom formation.