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  • 9 - International Organizations and Customary International Law

  • Orfeas Chasapis Tassinis, University of Cambridge
  • Book:
    A Theory of International Organizations in Public International Law
    Published online:
    26 September 2025
    Print publication:
    16 October 2025, pp 216-243

  • Summary

    This chapter zeroes in on the relationship between international organizations and customary international law. First, it explains why and to what extent international organizations can contribute with their practice to the formation of customary international law. This chapter argues that the practice of all the organs of an international organization should count towards the formation of new customary norms, with the caveat that this practice should not be weighed separately in terms of its representativeness. Next, this chapter revisits the problem of the extent to which customary international law applies to international organizations. It argues that in principle these institutions are bound to the same extent by custom as states are, with the caveat that they will often derive different rights and obligations from it, given their varied factual circumstances. The chapter then explains how this would apply in practice by looking at human rights and immunities in relation to international organizations.