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Ms/Mr Chairperson,

1. It is an honour for the European Union to address the Sixth Committee on the work of the International Law Commission relating to the topic of identification of customary international law.
    
2. The European Union welcomes the successful completion of the work of the ILC on the set of 16 draft conclusions on that topic and takes the opportunity to express its deep appreciation for the dedication of the Special Rapporteur Sir Michael Wood to the consideration of this topic. 
    
3. The European Union welcomes the reflection in the draft conclusions of the ever-growing role of international organisations on the international scene. The European Union particularly welcomes:
    
   • that paragraph 2 of draft conclusion 4 explicitly states that "[i]n certain cases, the practice of international organizations also contributes to the formation, or expression, of rules of customary international law",
      
   • that in commentary 7 to draft conclusion 6 on forms of practice it is recognised that paragraph 2 of that draft conclusion “applies mutatis mutandis to the forms of practice of international organizations in those cases where, in accordance with draft conclusion 4, paragraph 2, above, such practice contributes to the formation, or expression, of rules of customary international law", and
      
   • that commentary 7 to draft conclusion 10 on forms of evidence of acceptance as law (opinio juris) states that paragraph 2 to draft conclusion 10 “applies mutatis mutandis to the forms of evidence of acceptance of law (opinio juris) of international organizations".
      
4. The commentaries to draft conclusions 6 and 10 are particularly relevant as they highlight that "decisions of national courts", which according to those provisions may be a form of State practice and a form of evidence of acceptance of law, may encompass the practice of the Court of Justice of the European Union in the certain cases where the practice of international organisations also contributes to the formation and expression of rules of customary international law.
    
5. In that respect and in so far as the role of the judiciary in the formation of customary international law is concerned, the European Union takes the opportunity to point the attention to recent judgments of the Court of Justice of the European Union which illustrate that the Union judiciary often involves aspects of public international law, including customary international law:
    
   • First, the Court of Justice considers that Article 31 of the 1969 Vienna Convention on the Law of Treaties reflects rules of customary international law and regularly refers to them in interpreting treaties. Recent judgments have recalled that well-established case law, for example judgment C-15/17, Bosphorus Queen Shipping (paragraph 67) and judgment C-266/16, Western Sahara Campaign UK (paragraph 58). The Court fairly recently held the same in relation to the 1986 Vienna Convention on the Law of Treaties between States and International Organisations or between International Organisations
     (case C-224/16, AEBTRI, paragraph 62).
      
   • In case C-104/16 P, Council v. Front Polisario, regarding the Agreement between the European Union and the Kingdom of Morocco concerning liberalisation measures on agricultural and fishery products, the Court of Justice analysed several rules of customary international law as forming part of the rules of international law applicable to relations between the contracting parties, which ought to be taken into account for the interpretation of that Agreement under Article 31(3)(c), notably the customary principle of self-determination and the customary rule codified in Article 29 of the Vienna Convention providing that, "unless a different intention appears from the treaty or is otherwise established, that treaty is binding upon each party in respect of its entire 'territory'".
      
6. In light of the regular participation of the European Union in international treaty relations, as an expression of the international legal capacity conferred upon it by its Founding Treaties, the European Union also welcomes the express consideration in commentary 6 to draft conclusion 4 of "the practice of international organisations when concluding treaties", as a way for international organisations to "contribute to the formation, or expression, of rules of customary international law in those areas". This also reflects the mutual influence and interaction between treaties and customary international law also with regard to treaties concluded by international organisations.
    
7. Finally, the European Union understands the commentary in paragraph 4 to draft conclusion 4, namely that "[i]n those cases where the practice of international organizations themselves is of relevance […], references in the draft conclusions and commentaries to the practice of States should be read as including, mutatis mutandis, the practice of international organizations", as a way to consider more systematically the contribution of the practice of international organisations to the formation or expression of rules of customary international law (in the circumstances where such practice is relevant as noted in the commentary in paragraphs 5 and 6 to draft conclusion 4).
    
8. In conclusion, the Union once again expresses its appreciation for the excellent work of the ILC and the Special Rapporteur on this important topic.

Thank you for your attention.