One Size Does Not Fit All: Institutional Diversity and the International Law Commission’s Limits in Codifying Judicial Precedent
[Lena Raxter is an Adjunct Professor at American University, Washington College of Law] Introduction The International Law Commission (ILC), during its seventy-sixth session in May 2025, provisionally adopted the first-reading draft conclusions on subsidiary means for the determination of rules of international law. Among them, Draft Conclusion 6 [7] addresses the absence of legally binding precedent in international law, providing that: Decisions of international courts or tribunals...