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Four years ago, I wrote an essay for the Centennial celebration of the American Journal of International Law on the topic of “Nongovernmental Organizations and International Law.” In the section of that essay where I discussed whether, under international law, states and international organizations have a duty to consult nongovernmental organizations (NGOs), I surveyed some current practices of consultation in international organizations. My invitation to participate in this symposium has presented me an opportunity to revisit those thoughts, to conduct more research, and to update our scholarship on how the ILC processes use input from private actors. My presentation contains three parts: First, my paper will survey ILC practices and trends in consultations with NGOs, business groups, academics, and practitioners. Second, my paper will discuss why the ILC should consult NGOs. Third, my paper will offer concrete proposals for additional steps that the ILC should take to enhance its dialogue with private economic and social actors.

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GWU Law School Public Law Research Paper No. 508; GWU Legal Studies Research Paper No. 508

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