Subsidiary means for Identification of rules of international law

Document Type : Original Article


Associate Professor, Department of Public and International Law, Faculty of Law and Political Sciences, Allameh Tabatabai University.


In order to strengthen the logic of the rule of law in the international system, it is necessary for States, international organizations and other entities to have an exactly understanding of the process of accepting and identification of legal rules. Except in the case of treaties, in the framework of which the provisions of international law require the express consent of the member states, other main sources of international law, including custom and general principles of law, should be recognized by the international community, which is currently the judicial decisions and doctrine are considered to be one of the most important tools for determining these rules in international law.
Absolutely, knowing these tools will be effective in improving understanding and increasing the efficiency of international law regulations. Therefore, in line with its mission in the codification and progressive development of international law, the United Nations International Law Commission, during the 72nd meeting in 2021, put the issue of "subsidiary means for determination of rules of international law" on its agenda and Mr. Professor Jalloh were chosen as the special rapporteur of this issue. The commission's purpose in examining this issue is to study and analyze the subsidiary means for Identification the rules of international law. Increasing the efficiency of these means in international law process and also identifying other secondary tools are other goals of ILC in this framework.