As Stefano Gennarini writes in this week’s Friday Fax, the UN bureaucracy is working on a new scheme that, if accepted, would allow them to completely re-define our understanding of International Law.
The scheme takes the form of a new set of “guidelines” that would help identify identify what is customary international law. A draft for these guidelines has been presented to the General Assembly by the International Law Commission.
“On the surface the new guidelines adopt a traditional approach to the identification of new international norms. They require the same two-step process to identify new norms, that is, the general practice of states and the understanding of legal obligation. But the guidelines change this and have made the practice requirement fairly easy to meet. Simply put, they seem to have dropped the number of states needed to show general or universal state practice.
Instead of requiring near universal, if not universal, practice from states, as many believe the case should be, the commission only asks that state practice be ‘sufficiently widespread and representative’ following the lead of the International Court of Justice.”
This looks like a real Trojan horse…