98Th REGULAR SESSION OEA/Ser. Q April 5 to 9, 2021 CJI/Doc. 627/21 Virtual Session February 17, 2020 Original: Portuguese
98th REGULAR SESSION OEA/Ser. Q April 5 to 9, 2021 CJI/doc. 627/21 Virtual session February 17, 2020 Original: Portuguese PARTICULAR CUSTOMARY INTERNATIONAL LAW IN THE CONTEXT OF THE AMERICAS: SECOND REPORT (Presented by Dr. George Rodrigo Bandeira Galindo In the 95th regular session, held in Rio de Janeiro on July 31, 2019, the Inter-American Juridical Committee included in its work agenda the matter of Particular Customary International Law in the context of the Americas. On this occasion, I had the honor of being chosen as the rapporteur on this matter. In turn, in the 96th regular session, held in Rio de Janeiro from March 2 to 6, 2020, I presented my first report. On this occasion, I sought to begin with an approach to the subject from the perspective of international jurisprudence. A significant part of the doctrine on particular international law takes as its primary point of reference a series of cases decided by the International Court of Justice (hereinafter ICJ, or the Court) over the course of more than 50 years bearing –more or less directly– on the subject. This approach, which could be classified as overwhelmingly inductive, based on cases decided by the ICJ, offers clear advantages, although it is not without its drawbacks. Its greatest advantage lies in linking the study of particular customary international law with relevant judicial practice –thus avoiding arguments of a theoretical nature with little practical application. On the other hand, the great risk of such an approach is in presupposing a certain coherence between the decisions of the ICJ over a long period of time and thereby drawing abstract conclusions from the characteristics of concrete cases.
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