The Work of The International Law Commission on “Relations between States and International Organizations” Discontinued: an Assessment

1993 ◽  
Vol 6 (1) ◽  
pp. 3-16 ◽  
Author(s):  
Peter H.F. Bekker
Keyword(s):  
International Law ◽  
International Organizations ◽  
Legal Status ◽  
General Assembly ◽  
Legal Personality ◽  
Progressive Development ◽  
Un General Assembly ◽  
International Law Commission ◽  
Law Commission

The UN General Assembly has recently decided to delete from the agenda of the International Law Commission the topic ‘Relations between States and International Organizations’.Over a period of 31 years, fourteen Reports by two successive Special Rapporteurs studied the topic in two parts. The First part of the topic (1963–1975) dealt with the privileges and immunities of representatives of states to international organizations, and resulted in a Convention, that has, however, not yet entered into force; the Second part of the topic (1976–1992) concentrated on the legal status and immunities of organizations themselves.The author analyzes the Draft Articles that have been submitted in the course of the ILC's study of the Second part. This is done by way of a three-step application of the functional necessity concept of organizational immunities:(1) Status, dealing with an organization's functions, legal personality and capacity-(2) Selection, defining a scale of organizational immunities for which an organization may be eligible - and (3) Scope, determining the extent of selected immunities. Finally, the author employs the two statutory functions of the ILC -the codification of international law and the progressive development of international law- to assess the contribution by the ILC to this field of international institutional law.

The Work of the International Law Commission, 2007–2011: Progress and Prospects

2012 ◽  
Vol 106 (2) ◽  
pp. 322-340 ◽  
Author(s):  
Donald McRae
Keyword(s):  
International Law ◽  
International Organizations ◽  
Armed Conflicts ◽  
General Assembly ◽  
Un General Assembly ◽  
The Law ◽  
International Law Commission ◽  
Transboundary Aquifers ◽  
Law Commission ◽  
The Way

On November 17, 2011, the UN General Assembly elected the members of the International Law Commission for the next five years. In the course of the quinquennium that was completed in August 2011 with the end of the sixty-third session, the Commission concluded four major topics on its agenda: the law of transboundary aquifers, the responsibility of international organizations, the effect of armed conflicts on treaties, and reservations to treaties. It was by any standard a substantial output. The beginning of a new quinquennium now provides an opportunity to assess what the Commission has achieved, to consider the way it operates, and to reflect on what lies ahead for it.

General Principles of Law: The First Debate within the International Law Commission and the Sixth Committee

2020 ◽  
Vol 19 (1) ◽  
pp. 157-172
Author(s):  
Marcelo Vázquez-Bermúdez ◽  
Alfredo Crosato
Keyword(s):  
International Law ◽  
Present Article ◽  
International Organizations ◽  
General Assembly ◽  
Key Issues ◽  
Un General Assembly ◽  
General Principles Of Law ◽  
International Law Commission ◽  
Shed Light ◽  
Law Commission

Abstract Continuing its work on the sources of international law, the International Law Commission decided, at its seventieth session, to include the topic “General principles of law” in its current programme of work. By taking up the topic, the Commission aims to shed light on various aspects of this source and provide guidance to States, international organizations, courts and tribunals and all others that may be called upon to deal with general principles of law. The present article provides an overview of the first debate on the topic that took place within the International Law Commission and the Sixth (Legal) Committee of the UN General Assembly in 2019, focusing on certain key issues that will be central to the treatment of the topic.

The Underdeveloped Nations and the Development of International Law

1961 ◽  
Vol 15 (1) ◽  
pp. 38-48 ◽  
Author(s):  
Jorge Castañeda
Keyword(s):  
International Law ◽  
Creative Process ◽  
General Assembly ◽  
Progressive Development ◽  
General Terms ◽  
Un General Assembly ◽  
International Law Commission ◽  
International Conventions ◽  
Law Commission

One of the responsibilities of the UN General Assembly is to encourage the progressive development and codification of international law. One method it may use in discharging diis responsibility is the convening of conferences to draft international conventions for submission to governments. The International Law Commission, a subsidiary organ of the Assembly, draws up draft treaties which may be utilized as working documents at such conferences. This method does not differ fundamentally from die normal procedures of creating international law, since, in substance, it involves die drafting and signing of treaties. However, the General Assembly has, at least potentially, other means (the study of which is die subject of this article), which have not been fully utilized and die use of which would perhaps permit a liberalization of the creative process of developing and codifying international law. Here we shall examine, in general terms, only one of tiiese, i.e., die possibilities and limitations of purely declarative codes of customary rules adopted by the General Assembly as means of discharging that organ's responsibilities.

The Geneva Conference on the Law of the Sea and the Right of Innocent Passage through the Gulf of Aqaba

1959 ◽  
Vol 53 (3) ◽  
pp. 564-594 ◽  
Author(s):  
Leo Gross
Keyword(s):  
International Law ◽  
Legal Status ◽  
Law Of The Sea ◽  
Gulf Of Aqaba ◽  
General Assembly ◽  
The Law ◽  
The Right ◽  
Geneva Conference ◽  
International Law Commission ◽  
Law Commission

Since the United Nations Emergency Force moved in and occupied the heights overlooking the Straits of Tiran, the Gulf of Aqaba has been quiet. Ships, including Israel flag ships, move freely in and out. The right of passage claimed by Israel and other states was discussed in the Security Council in 1954, in the International Law Commission in 1956, in the General Assembly in 1956-57, and again at the Geneva Conference on the Law of the Sea February 24-April 27, 1958, and will be analyzed here. It should be stated at the outset that Israel's boundaries, including the strip at the northern end of the Gulf of Aqaba, are not an issue here. Nor is the Arab claim that a state of war continues to exist pertinent in determining the legal status of the Gulf and the Straits, although it obviously has some bearing on the availability to Israel of the right of “innocent” passage.

Immunity of International Organizations

2014 ◽  
Vol 10 (2) ◽  
pp. 276-286
Author(s):  
Johan G. Lammers
Keyword(s):  
International Law ◽  
International Organizations ◽  
Ad Hoc ◽  
General Assembly ◽  
International Law Commission ◽  
Law Commission

In December 1958, the General Assembly invited the International Law Commission to consider the question of relations between states and intergovernmental international organizations after undertaking a study of diplomatic intercourse and immunities, consular intercourse and immunities and ad hoc diplomacy. This paper presents a brief overview of the work of the ilc over a period of 30 years, which was led by two Special Rapporteurs: Abdullah El-Erian (1962–1979); and Leonardo Díaz González (1979–1992). In 1992, the ilc decided to discontinue its work on this topic: this paper will outline the main reasons given by the ilc for this decision, and draw some conclusions from the work of the ilc in this area.

Part I Prologue, 2 The International Law Commission’s Work on the Obligation to Extradite or Prosecute (aut dedere aut judicare)

2018 ◽  
Author(s):  
Kittichaisaree Kriangsak
Keyword(s):  
International Law ◽  
Working Group ◽  
Legal Issues ◽  
General Assembly ◽  
Final Report ◽  
History Of ◽  
Un General Assembly ◽  
International Law Commission ◽  
Law Commission

This chapter explains the work by the UN International Law Commission on the topic ‘Obligation to extradite or prosecute (aut dedere aut judicare)’ from 2006 to 2014, culminating in the Final Report of the Commission on this topic which was taken note of by the UN General Assembly in 2014. All the legal issues relevant to the obligation are identified and, where appropriate, analysed. The drafting history of the Report by the Working Group under the present author's chairmanship is elucidated in details — and this is the only place where this drafting history can be found.

The Twenty-Fifth Session of the International Law Commission

1974 ◽  
Vol 68 (3) ◽  
pp. 454-474 ◽  
Author(s):  
Richard D. Kearney
Keyword(s):  
International Law ◽  
International Organizations ◽  
General Assembly ◽  
Limited Time ◽  
Most Favored Nation ◽  
Forced Draft ◽  
Most Favored Nation Clause ◽  
International Law Commission ◽  
Fourth Session ◽  
Law Commission

At its Twenty-Fifth Session the International Law Commission determined to allot some of its limited time to each of the active subjects on its agenda. The decision was the child of necessity. The Draft Articles on the Representation of States in Their Relations with International Organizations had taken up most of the Commissions sessions in 1969, 1970, and 1971, and the Twenty-Fourth Session in 1972 had, under forced draft, produced the draft articles on the Succession of States to Treaties and on the Prevention and Punishment of Crimes Against Diplomatic Agents and Other Internationally Protected Persons. The inevitable byproduct was a mounting pressure, both within the Commission and from the General Assembly, for intensive examination of the draft articles and commentaries on State Responsibility, Succession of States in Matters Other Than Treaties, the Most-Favored-Nation Clause, and the Report on Treaties Concluded Between States and International Organizations.

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