The United Nations Decade of International Law

Author(s):  
R.St.J. Macdonald

Canadian lawyers and all those interested in international affairs will be pleased to know that the Sixth Committee of the General Assembly concluded on November 15, 1990 its deliberations on the report of the working group on the United Nations Decade of International Law (“the Vukas Report”) under the chairmanship of Professor Budislav Vukas of Yugoslavia (“the Vukas Committee”). The Vukas Report sets out the proposed program of activities for the first period of the Decade, being the period 1990-92, and represents another important step towards the implementation of Resolution 44/23 of November 17, 1989, and the fulfilment of the aspirations connected with that resolution for strengthening the international legal order. The Report was well received by the delegations of states to the Sixth Committee and on November 19, 1990, the General Assembly adopted by consensus the program of activities set out in the Report, the Decade thus achieving more tangible form.

1997 ◽  
Vol 10 (3) ◽  
pp. 501-508 ◽  
Author(s):  
Malgosia Fitzmaurice

On 11 April 1997, the text of the Convention on the Law of the Non-Navigational Uses of International Watercourses was presented by the Working Group of the Whole (WG) of the United Nations General Assembly Sixth Committee to the United Nations General Assembly (UNGA). This Convention is based on the 1994 Draft Articles on the same topic prepared by the International Law Commission (ILC). These Draft Articles were approved on second reading by the ILC during its 46th session in 1994 and subsequently submitted to the 49th session of the UNGA in 1994 for consideration by states. By its Resolution 49/52, the UNGA invited states to present written submissions to comment on the Draft Articles and at the same time it proposed that a working group on the whole of the UNGA Sixth Committee be established to convene during the 51st session of UNGA (September-December 1996) to elaborate the text for a convention. During its first session, the WG did not manage to accomplish this task. The final text submitted to the UNGA on 11 April 1997 was the result of the second session of the WG which had deliberated during the period from 24 March to 4 April 1997.


Author(s):  
AMIR HUSIN, YOUSIF ABDULLA ALMARZOOQI, FAREED BIN MOHD HASSA

The study dealt with the principle of preventing the threat of use of force in international relations within the framework of the Charter of the United Nations by stating the content of the principle of preventing the threat of use of force in accordance with Article 2/4 of the Charter of the United Nations and analyzing legitimate exceptions to the use of force in accordance with the provisions of general international law. In order to achieve the objectives of the research, the descriptive approach was adopted to analyze the provisions of the Charter of the United Nations and international law and the international conventions governing the principle of preventing the threat of force in international relations and the views of scholars of international law. The problem of research is highlighted in the weaknesses of the Charter of the United Nations Force in international relations. The study concluded that the principle of preventing the threat of force in international relations was one of the fundamental pillars of the international legal order established by the Charter of the United Nations. The study reached a number of recommendations, the most important being the re-evaluation of measures to maintain international peace and security through a review of The Security Council acted by reducing the veto.


1995 ◽  
Vol 35 (309) ◽  
pp. 638-666 ◽  
Author(s):  
Antoine Bouvier

On 9 December 1994 the United Nations General Assembly adopted by consensus the Convention on the Safety of United Nations and Associated Personnel. In so doing it completed a process of codification and progressive development of international law at an unusually fast pace, considering that the Ad Hoc Committee entrusted by the 48th General Assembly (1993) with drafting the Convention took less than nine months to complete its task.


1997 ◽  
Vol 91 (3) ◽  
pp. 542-554
Author(s):  
Virginia Morris ◽  
M.-Christiane Bourloyannis-Vrailas

At the fifty-first session of the General Assembly, the Sixth (Legal) Committee reviewed the annual reports of the International Law Commission (ILC), the United Nations Commission on International Trade Law (UNCITRAL), the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization (Special Committee) and the Committee on Relations with the Host Country (Host Country Committee). The Sixth Committee also considered proposals for two new legal instruments relating to (1) the establishment of a permanent international criminal court, and (2) the non-navigational uses of international watercourses, as well as other topics concerning international terrorism, international humanitarian law, diplomatic and consular law, the United Nations internal justice system, the United Nations Decade of International Law (Decade) and the “New International Economic Order.” The topics are discussed in the order in which they were considered by the committee.


1963 ◽  
Vol 57 (1) ◽  
pp. 190-267

The International Law Commission, established in pursuance of General Assembly Resolution 174 (II) of 21 November 1947, and in accordance with its Statute annexed thereto, as subsequently amended, held its Fourteenth Session at the European Office of the United Nations, Geneva, from 24 April to 29 June 1962.


1971 ◽  
Vol 65 (5) ◽  
pp. 713-735 ◽  
Author(s):  
Robert Rosenstock

In 1963 the United Nations General Assembly established the Special Committee on Principles of International Law Concerning Friendly Relations and Co-operation among States in Accordance with the Charter of the United Nations1 and instructed it to consider the following principles


Author(s):  
A. N. Vylegzhanin ◽  
Tim Potier ◽  
E. A. Torkunova

INTRODUCTION. This year is the 75-th anniversary of the Great Victory of the Allies – Britain, the Soviet Union and the USA – over Nazi Germany. The most important legal result of this victory has become the Charter of the United Nations – the universal treaty initiated by Great Britain, the Soviet Union and the USA (and later – by China and France) aiming to save succeeding generations from the new world war by establishing United Nations mechanisms to maintain international peace and global security. The UN Charter has since become the foundation of modern international law, respected by States across continents and generations. That seems, however, to begin changing after the collapse of the Warsaw Pact, when its former-members «socialist» European countries (including Bulgaria and Poland) became a part of the Western military bloc – North Atlantic Treaty Organization (NATO). NATO seems to demonstrate now a new attitude to fundamental principles of the UN Charter, first of all, to the principle relating to the use of armed force only according to the UN Charter. NATO States-members launched in 1999 an air campaign against Serbia without authorization by the Security Council; then an ad hoc western coalition, led by the United States, resorted to armed force in 2003 against Iraq and organized in the occupied territory of Iraq the death penalty of the President Saddam Hussein. Even some western European States, France and Germany, first of all opposed such military action of the USA for ignoring the UN Charter. The apparent involvement of the USA in the unconstitutional removal of the Ukrainian President Yanukovich from power in Kiev in 2014 and the subsequent local war between those who recognize such a discharge as legitimate and those who do not (both referring to the right of self-defense) – these facts make the problem of international peace especially urgent. In this political environment, the risks of World War III seem to be increasing. This paper addresses such challenges to modern international law.MATERIALS AND METHODS. Th background of this research is represented by the teachings of distinguished scholars and other specialists in international law, as well as international materials including documents of the international conferences relevant to the topic. Some of such materials are alarming, noting that the international legal system is in danger of collapse and it is doubtful whether an international legal order will be possible in the coming decades at all. Others are not so pessimistic. The analytical framework includes also suggested interpretations of the UN Charter and other international treaties regulating interstate relations in the area of global security. The research is based on a number of methods such as comparative law and history of international law, formal logic, including synthesis of relevant facts and analogy.RESEARCH RESULTS. It is acknowledged that there is a need for a more coherent international legal order, with the system of international law being at its heart. Within the context of applicable principles and norms of international law, this article specifically provides the results of analysis of the following issues:1) centrifugal interpretations of international law as they are reflected in its sources; 2) the need for increasing the role of the UN Charter in the global international legal framework; 3) modern values of the UN Charter as an anti-confusion instrument; 4) the contemporary meaning of the Principles embedded in the UN Charter; 5) comparison of the main principles of international law and general principles of law; 6) jus cogens and the UN Charter.DISCUSSION AND CONCLUSIONS. After discussing the issues noted above, this paper concludes that it is in the interest of the community of states as a whole to clarify the normative structure and hierarchy of modern international law. Greater discipline will need to be demonstrated in the use and classification of principles of international law and general principles of law in the meaning of Article 38 of the ICJ Statute. The content of jus cogens norms most probably will be gradually identified, after diffi lt discussions across the international community, both at interstate level and among academics. At the heart of such discussions may be the conclusion suggested in this paper on the peremptoriness of the principles of the United Nations Charter – Articles 1 and 2. Such an approach will further promote international law at the advanced quality of regulation of international relations and, for the good of all mankind, assist in the establishment of an international environment much more dependent on the rule of law.


Author(s):  
Jargalsaikhan Enkhsaikhan

In this article the author documents chronologically the initial steps taken by Mongolia to promote its initiative to turn its territory into a nuclear-weapon-free zone by having the General Assembly of the United Nations acknowledge and express support for such a status. This is not an analytical but a chronologically descriptive article that is based on the materials available to the Mongolian side only. It does not cover the discussions that the five nuclear-weap­ons States (the P5)1 had when preparing responses to Mongolia’s various substan­tive or procedural proposals, nor the discussions held in their capitals on either how to respond bilaterally to Mongolia’s suggestions or as P3 (US, UK and France) or P5. As with achieving durable peace, establishing a credible nuclear-weapon-free zone status is both a goal and a process. In this case the goal can be achieved through collective efforts and gradually. The process will continue until a viable status is established that would form part of an internationally agreed nuclear-weapon-free regime. To achieve this goal close cooperation is needed. The article will describe the Mongolian example of how multilateralism and mutual under­standing are essential in addressing the challenges that the international commu­nity is facing in this increasingly interdependent world. Competition, cooperation and compromise are the indispensable approaches and tools to address these and other international goals and challenges. When undertaking this chronology of the measures taken to have the General Assembly of the United Nations adopt in 1998 its first resolution on Mongolia’s nuclear-weapon-free status, the author, as still public servant, deliberately refrained from making in-depth analysis or value judgments of the positions taken by Mongolia or the P5 separately or as a group with respect to the substance of the issues involved or procedures followed. DOI: http://dx.doi.org/10.5564/mjia.v0i17.80 Mongolian Journal of International Affairs, No.17 2012: 18-58


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