The Uses of the Outputs of the International Law Commission in International Adjudication: Subsidiary Means or Artefacts of Rules?

Abstract This paper examines the methods which international courts and tribunals (ICTs) employ when using ILC outputs for purpose of determining rules law their content. Specifically, it identifies common patterns in ways ICTs, first, justify reliance on and, second, deal with ambiguities. The argues favour a consistent methodology treatment adjudication. Such framework is based distinction between identification status normative proposition contained these texts determination its content or interpretation. requires critical assessment reconstruction evidence leading up to development taking also into account that instruments are not monolith from perspective sources. However, interpretation whose uncontested follows line inquiry akin treaty observation has broader implications process law. apart context interpretation, interpret propositions as methodological shortcut customary general principles Conversely, employment this can constitute emergence rules, principles, good practices applicable unwritten