Exceptionally, this last session of the seminar will take place on a Friday at 2.30pm.
International lawyers have long downplayed the challenge posed by regional international law, considering it to be little different from the general problem of lex specialis. This presentation seeks to challenge this viewpoint, taking as an example the case of European rules " unwritten " in international law, rules whose role remains little-known. This presentation will be divided into five parts. Firstly, the notion of " unwritten "European rulesin international law willbe discussed, before demonstrating that they have played an ambivalent role since the early 19th century. Based on examples drawn from contemporary practice, the presentation will then analyze the enduring role played by European rules " unwritten ". This examination will highlight the way in which these rules " unwritten " put to the test the traditional conception of sources in international law, as reflected in article 38 of the Statute of the International Court of Justice (ICJ). Finally, drawing on the case law of the ICJ and the work of the International Law Commission, the presentation will determine whether these European rules " unwritten " are capable of being transposed worldwide, and if so, to what extent. On the basis of the foregoing, two conclusions seem to be in order: firstly, that regional international law represents a challenge distinct from other forms of lex specialis , and secondly, that this challenge can only be met by means of a common set of secondary rules.
