This paper aims at defining the notion of institutional practice and it examines the extent to which United Nations organs and member states can rely on and are limited by it. It describes all the normative theories involved and propose a simplified and comprehensive framework. The core argument is that institutional practice is less relevant than it seems in the first instance and, generally, it cannot do much by itself. It requires a further element to produce normative effects, whether in the form of member states’ practice or other means of interpretation of the constitutive instrument. After a brief introduction, the second section focuses on what constitutes institutional practice, distinguishing between the problem of the acts that constitute practice and how they are attributed to the organization. Section III discusses its employment by the International Law Commission, which distinguishes between ‘subsequent’ institutional practice as a means of interpretation of the constitutive instrument, ‘general’ institutional practice as an element of customary law, and ‘established’ institutional practice as a rule of the organization. Finally, Section IV provides a general overview of the normative relevance of institutional practice. The Conclusion summarizes of the main findings.

The notion of institutional practice in United Nations Law

Gasbarri, Lorenzo
2022-01-01

Abstract

This paper aims at defining the notion of institutional practice and it examines the extent to which United Nations organs and member states can rely on and are limited by it. It describes all the normative theories involved and propose a simplified and comprehensive framework. The core argument is that institutional practice is less relevant than it seems in the first instance and, generally, it cannot do much by itself. It requires a further element to produce normative effects, whether in the form of member states’ practice or other means of interpretation of the constitutive instrument. After a brief introduction, the second section focuses on what constitutes institutional practice, distinguishing between the problem of the acts that constitute practice and how they are attributed to the organization. Section III discusses its employment by the International Law Commission, which distinguishes between ‘subsequent’ institutional practice as a means of interpretation of the constitutive instrument, ‘general’ institutional practice as an element of customary law, and ‘established’ institutional practice as a rule of the organization. Finally, Section IV provides a general overview of the normative relevance of institutional practice. The Conclusion summarizes of the main findings.
File in questo prodotto:
Non ci sono file associati a questo prodotto.

I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.

Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11382/550723
 Attenzione

Attenzione! I dati visualizzati non sono stati sottoposti a validazione da parte dell'ateneo

Citazioni
  • ???jsp.display-item.citation.pmc??? ND
  • Scopus ND
social impact