scholarly journals The Role of the International Law Commission in the Decade of International Law

1990 ◽  
Vol 3 (3) ◽  
pp. 15-42 ◽  
Author(s):  
Sompong Sucharitkul
Keyword(s):  
United Nations ◽  
International Law ◽  
General Assembly ◽  
Peaceful Settlement ◽  
The United Nations ◽  
International Law Commission ◽  
Law Commission

The object of this study is, as suggested by its title: “The Role of the International Law Commission in the Decade of International Law”. In this exercise, the title role will be played by the International Law Commission in the context of the ‘Decade of International Law’ recently proclaimed by the General Assembly of the United Nations. The contribution to be expected of the Commission will be viewed from the perspective of the prospect of enhancing the practice of states in the adoption of available means of their choice for the peaceful settlement of international disputes.

scholarly journals The Role of the UN International Law Commission in the Codification of International Law

2020 ◽  
pp. 1384-1387
Author(s):  
Pedro Keil
Keyword(s):  
United Nations ◽  
International Law ◽  
General Assembly ◽  
Progressive Development ◽  
The Creation ◽  
The United Nations ◽  
International Law Commission ◽  
Law Commission

The creation of the International Law Commission arouses from the necessity imposed by the text of the UN Charter. According to article 13 paragraph 1 (a) of the Charter of the United Nations, the General Assembly is responsible for the promotion of the progressive development of international law and codification of such. In this regard, the Resolution 174 (II) of 21 November 1947 came with this purpose. So, the Commission’s nature is of an institutional and permanent subsidiary organ to the General Assembly of the UN, serving the purpose of perfecting the sources of law in the international ambit.

scholarly journals The Requisite Rigour in the Identification of Customary International Law

2017 ◽  
Vol 19 (1) ◽  
pp. 9-46 ◽  
Author(s):  
Noora Arajärvi
Keyword(s):  
United Nations ◽  
International Law ◽  
General Assembly ◽  
Special Rapporteur ◽  
Customary International Law ◽  
United Nations General ◽  
United Nations General Assembly ◽  
International Law Commission ◽  
Law Commission

Over the last few decades, the methodology for the identification of customary international law (cil) has been changing. Both elements of cil – practice and opinio juris – have assumed novel and broader forms, as noted in the Reports of the Special Rapporteur of the International Law Commission (2013, 2014, 2015, 2016). This contribution discusses these Reports and the draft conclusions, and reaction by States in the Sixth Committee of the United Nations General Assembly (unga), highlighting the areas of consensus and contestation. This ties to the analysis of the main doctrinal positions, with special attention being given to the two elements of cil, and the role of the unga resolutions. The underlying motivation is to assess the real or perceived crisis of cil, and the author develops the broader argument maintaining that in order to retain unity within international law, the internal limits of cil must be carefully asserted.

United Nations. Report of the International Law Commission Covering the Work of Its Fourteenth Session, April 24-June 29, 1962

1963 ◽  
Vol 57 (1) ◽  
pp. 190-267
Keyword(s):  
United Nations ◽  
International Law ◽  
General Assembly ◽  
General Assembly Resolution ◽  
The United Nations ◽  
International Law Commission ◽  
Law Commission

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.

Introduction and Overview

2002 ◽  
Vol 96 (4) ◽  
pp. 773-791 ◽  
Author(s):  
Daniel Bodansky ◽  
John R. Crook
Keyword(s):  
United Nations ◽  
International Law ◽  
General Assembly ◽  
United Nations General ◽  
United Nations General Assembly ◽  
The United Nations ◽  
International Law Commission ◽  
Law Commission

In August 2001, the International Law Commission (ILC) adopted its “Draft Articles on the Responsibility of States for Internationally Wrongful Acts,” bringing to completion one of the Commission’s longest running and most controversial studies. On December 12, 2001, the United Nations General Assembly adopted Resolution 56/83, which “commend [ed the articles] to the attention of Governments without prejudice to the question of their future adoption or other appropriate action.”

The United Nations Declaration on Territorial Asylum

1969 ◽  
Vol 7 ◽  
pp. 92-149 ◽  
Author(s):  
P. Weis
Keyword(s):  
United Nations ◽  
International Law ◽  
General Assembly ◽  
General Assembly Resolution ◽  
The United Nations ◽  
United Nations Declaration ◽  
The Right ◽  
International Law Commission ◽  
Law Commission

The General Assembly of the United Nations at its twenty-second session unanimously adopted by Resolution 2312 (XXII) of December 14, 1967, a “Declaration on Territorial Asylum.” This Resolution reads:The General Assembly,Recalling its resolutions 1839 (XVII) of 19 December 1962, 2100 (XX) of 20 December 1965 and 2203 (XXI) of 16 December 1966 concerning a declaration on the right of asylum,Considering the work of codification to be undertaken by the International Law Commission in accordance with General Assembly resolution 1400 (XIV) of 21 November 1959,Adopts the following Declaration

Codification and Development of International Law

1955 ◽  
Vol 49 (1) ◽  
pp. 16-43 ◽  
Author(s):  
H. Lauterpacht
Keyword(s):  
United Nations ◽  
International Law ◽  
Present Article ◽  
General Assembly ◽  
Progressive Development ◽  
The United Nations ◽  
Set Up ◽  
International Law Commission ◽  
Law Commission ◽  
First Session

The object of the present article is to survey the problems and to assess the achievements and prospects of the codification of international law within the United Nations in the light of the experience of the first five years of the activity of the International Law Commission. The Charter, in Article 13, imposes upon the General Assembly the obligation to “initiate studies and to make recommendations … for the purpose of encouraging the progressive development of international law and its codification.” In pursuance of that article the General Assembly set up the International Law Commission and adopted a Statute regulating its functions and organization. The first session of the Commission took place in 1949. Since then, it has been meeting in yearly sessions lasting between eight and eleven weeks.

Modifying the UN Charter through Subsequent Practice: Prospects for the Charter's Revitalisation

2012 ◽  
Vol 81 (1) ◽  
pp. 1-20 ◽  
Author(s):  
Jessica Liang
Keyword(s):  
United Nations ◽  
International Law ◽  
The Other ◽  
Vienna Convention ◽  
Member States ◽  
Functional Potential ◽  
The United Nations ◽  
International Law Commission ◽  
Law Commission

Despite the vast challenges facing the United Nations in its ever expanding mandate, the task of reforming the organisation remains encumbered by its onerous amendment procedures. Recent attempts to instigate formal changes to the Charter of the United Nations have all failed. In this context, it is argued that greater attention should be paid to the other ways in which changes can be made to the Charter. The subsequent practice of member states and organs can play an important role in informing changes to the Charter's application. The idea that treaties can be modified through subsequent practice is not new under international law. While it was rejected as a principle that should be codified under the Vienna Convention on the Law of Treaties, its utility is being presently re-considered by the International Law Commission. However, the functional potential of this doctrine vis-à-vis the Charter has attracted little academic scrutiny. This article pre-empts some of the issues that will be examined by the Commission, arguing that it is time to expand the role of subsequent practice, by not only using practice to inform interpretations to the Charter, but to embrace the opportunity for amendments to be also made through the subsequent practice of parties. This approach promises to open up greater prospects for the Charter's revitalisation. If the conditions for modification are carefully considered, the doctrine can be a useful instrument for Charter reform.

The Draft Code of Offences Against the Peace and Security of Mankind

1981 ◽  
Vol 75 (3) ◽  
pp. 674-679 ◽  
Author(s):  
Benjamin B. Ferencz
Keyword(s):  
United Nations ◽  
International Law ◽  
International Crime ◽  
General Assembly ◽  
Draft Code ◽  
Progressive Development ◽  
Peace And Security ◽  
The United Nations ◽  
International Law Commission ◽  
Law Commission

At its session that ended in December 1980, the United Nations considered a subject that had been allowed to lie dormant for over a quarter of a century. It was first taken up in 1946, after President Truman called for the reaffirmation of “the principles of the Niirnberg Charter in the context of a general codification of offenses against the peace and security of mankind.” The General Assembly responded promptly by passing three resolutions in rapid succession on December 11, 1946, which created a Committee for the Progressive Development of International Law and its Codification, affirmed the Nuremberg principles, and declared that genocide was an international crime. The International Law Commission (ILC) was charged with preparing the desired Code of Offences after its establishment in 1947. Yet, 34 years after the General Assembly’s call for action, the refrain was still being heard: “The time is not yet ripe.” The question likely to face the United Nations when it reconvenes in 1981 will be: “If not now, when?”

ICRC contacts with the United Nations International Law Commission

1986 ◽  
Vol 26 (253) ◽  
pp. 213-216
Keyword(s):  
United Nations ◽  
International Law ◽  
General Assembly ◽  
Progressive Development ◽  
United Nations General ◽  
United Nations General Assembly ◽  
The United Nations ◽  
International Law Commission ◽  
Regular Contact ◽  
Law Commission

Since 1981, the ICRC has maintained regular contact with the United Nations International Law Commission, a subsidiary body of the United Nations General Assembly. The Commission is composed of 34 members, elected from among the most eminent representatives of all the world's legal systems. Its mandate under the UN Charter is to work for the codification and progressive development of international law.

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