Customary international law identification as constrained law-making

A response to David Koppe There has been a resurgence of interest in recent years in how customary international law is identified, and this interest will likely intensify as a result of the International Law Commission’s current work on the subject. Somewhat ironically, this resurgence of interest comes at a time when there are increasing doubts about the continued usefulness of customary international law in addressing the world’s problems, and …