Teaching War and Morality

1982 ◽  
Vol 32 ◽  
pp. 11-11
Author(s):  
Guenter Lewy
Keyword(s):  
United Nations ◽  
International Law ◽  
National Endowment ◽  
Summer Institute ◽  
Education Programs ◽  
University Of Massachusetts ◽  
The University ◽  
International Law Commission ◽  
Law Commission

In the summer of 1979 the Division of Education Programs of the National Endowment for the Humanities sponsored an institute on “War and Morality” at the University of Massachusetts/ Amherst. The institute was attended by 20 college teachers, including nine political scientists, all of whom have since developed courses on “War and Morality” or added material relating to this subject to existing courses on their own campuses. The following essay is a report on the 1979 summer institute and its local follow-up.When in 1949 the United Nations International Law Commission was asked to codify the law dealing with the methods and means of warfare it declined the task for the reason that “war having been outlawed, the regulation of its conduct has ceased to be relevant”.

The Role of Treaties in Pursuing the Objectives of the UN Charter

2019 ◽  
pp. 68-86
Author(s):  
Christian J. Tams
Keyword(s):  
United Nations ◽  
International Law ◽  
International Organizations ◽  
Legal Order ◽  
Master Plan ◽  
International Law Commission ◽  
Binding Mechanisms ◽  
Law Commission

Treaties are a central building block of the United Nations legal order. They have particular significance for the objectives set out in the UN Charter: these need to be implemented and effectuated, and treaties concretizing the Charter’s broad objectives can help achieve that aim. The Charter text, perhaps surprisingly, does not reflect this adequately. Unlike constituent documents of other international organizations, the Charter formulates no master plan for the UN’s use of treaties, and only occasionally mentions treaties explicitly. Its guidance is primarily indirect: some Charter objectives are formulated in such vague terms that without follow-up action, including follow-up action that takes the form of treaties, they would be meaningless. The drafter’s surprising caution means that the role of treaties in pursuing UN objectives is primarily shaped by practice rather than the Charter text. In the seven decades since the UN’s establishment, treaties—prepared in highly diverse processes, including by the International Law Commission (ILC) and within specialized agencies—have sprawled. In the absence of a Charter master plan, they have grown to cover large parts of the continent of international law. A sole focus on the gigantic network of treaties, however, risks overlooking the fact that more often than not, member states and UN organs prefer other means of pursuing Charter objectives (resolutions, statements, and other non-binding mechanisms). The landscape of treaties is as uneven as it is diverse.

scholarly journals Diplomatic protection in international law and the United Nations

2013 ◽  
pp. 667-681
Author(s):  
Bojan Milisavljevic
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
Customary Law ◽  
Diplomatic Protection ◽  
History Of ◽  
The United Nations ◽  
International Law Commission ◽  
The Impact ◽  
Law Commission

The paper deals with the issue of the diplomatic protection in international law and its development through the history of the international community. In this sense, the author investigates the practice of states regarding the application of diplomatic protection and the steps taken by the International Law Commission of the United Nations on the codification of this area. In 2004 International Law Commission adopted at first reading a full set of draft articles. In this paper is presented judicial practice, especially of the International Court of Justice, in the field of diplomatic protection in order to evaluate whether the approach of the Court to diplomatic protection has become more human-rights oriented in the last few years. Author presents the development of customary law rules relating to diplomatic protection and its transition into a whole system of rules through the work of the International Law Commission. In this sense, these are the basic stages in the codification of rules on diplomatic protection and the United Nations contribution to the protection of the rights of foreign nationals. This article points the development of universal and regional mechanisms to protect human rights and highlights the impact of those mechanisms on traditional measures of diplomatic protection.

5 Rules of Attribution

2020 ◽  
Author(s):  
Hobér Kaj
Keyword(s):  
United Nations ◽  
International Law ◽  
The State ◽  
State Responsibility ◽  
Final Version ◽  
Legal Principles ◽  
Form Part ◽  
Energy Charter Treaty ◽  
International Law Commission ◽  
Law Commission

This chapter focuses on the rules of attribution. The State is not responsible for all acts and omissions of its nationals, but only for those which can be attributed to the State. It is thus necessary to establish this link between the State and the person, or persons, committing an unlawful act or omission. The legal principles used to establish this link are usually referred to as rules of attribution. The rules of attribution form part of the law of state responsibility, which, to a large part, is reflected in the work of the International Law Commission (ILC) of the United Nations. At its fifty-third session in 2001, the ILC adopted its final version of the ILC Articles on Responsibility of States for Internationally Wrongful Acts. The ILC Articles are intended to cover all aspects of state responsibility under international law. The rules of attribution are laid down in Chapter II of the ILC Articles. From an Energy Charter Treaty perspective, Articles 4—8 are the most relevant ones. The central provision with respect to attribution is Article 4, which confirms the well-established principle of international law that the State is responsible for the acts of its own organs acting in the capacity of the State.

The United Nations International Law Commission

1990 ◽  
Vol 18 (2) ◽  
pp. 122-126
Author(s):  
Robert W. Schaaf
Keyword(s):  
United Nations ◽  
International Law ◽  
18Th Century ◽  
Primary Source ◽  
Legal Questions ◽  
Postal Services ◽  
The Hague ◽  
The United Nations ◽  
International Law Commission ◽  
Law Commission

Those seeking information on the United Nations’ work in systematizing the rules of public international law may find it useful to examine the latest edition of The Work of the International Law Commission (4th ed., United Nations, 1988). According to this publication, (the primary source for this column), interest in the development and codification of the rules on international law may be traced back to the late 18th century and the English philosopher Jeremy Bentham, author of Principles of International Law. From this time forward there were numerous attempts at the codification of international law, but intergovernmental regulation of general legal questions originated with the Congress of Vienna (1814–1815). Thereafter, international legal rules on various subjects were developed by different diplomatic conferences. These included such subjects as the laws of war on land and sea, pacific settlement of international disputes and the regulation of postal services and telecommunications. The Hague Peace Conferences of 1899 and 1907 stimulated the movement for codification. Efforts to promote the codification and development of international law were further advanced with the 1924 (September 22) resolution of the fifth session of the League of Nations Assembly which envisaged the establishment of a standing Committee of Experts for the Progressive Codification of International Law. After having consulted member governments and the Council, the League Assembly decided in 1927 to convene a Codification Conference which took place at The Hague in the Spring of 1930. Unfortunately, the international instruments resulting from the work of the conference were only in the one field of nationality. One further step, however, was the adoption by the League Assembly on September 25, 1931 of a major resolution on codification of international law emphasizing the need to strengthen the influence of governments at each stage in the codification process.

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