State Immunity Jus Cogens

2006 ◽  
Vol 55 (2) ◽  
pp. 437-446 ◽  
Author(s):  
Lorna McGregor
Keyword(s):  
International Law ◽  
Working Group ◽  
General Assembly ◽  
State Immunity ◽  
Jus Cogens ◽  
International Law Commission ◽  
Law Commission

The General Assembly first proposed that the International Law Commission look into the issue of state immunity in 1977. As State immunity, by its very nature, sits at the interface between traditional and contemporary notions of international law, the span of the negotiations over three decades inevitably exposed the resulting Convention to gaps and inconsistencies with evolving areas of international law. In 1999 the International Law Commission established a Working Group on Jurisdictional immunities of States and their property,

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.

Some Aspects of International Jus Cogens as Formulated by the International Law Commission

1967 ◽  
Vol 61 (4) ◽  
pp. 946-975 ◽  
Author(s):  
Egon Schwelb
Keyword(s):  
International Law ◽  
General Assembly ◽  
International Conference ◽  
Peremptory Norm ◽  
The Law ◽  
Article 50 ◽  
Jus Cogens ◽  
International Law Commission ◽  
Law Commission

Article 50 of the Draft Articles on the Law of Treaties, which were presented by the International Law Commission to the General Assembly in 1966 and which the General Assembly has referred, as the basic proposal for consideration, to the international conference of plenipotentiaries, provides under the heading “Treaties conflicting with a peremptory norm of general international law (jus cogens)” that: A treaty is void if it conflicts with a peremptory norm of general international law from which no derogation is permitted and which can be modified only by a subsequent norm of general international law having the same character.

Status of Forces under the UN Convention on State Immunity

2006 ◽  
Vol 55 (2) ◽  
pp. 427-436 ◽  
Author(s):  
Andrew Dickinson
Keyword(s):  
United Nations ◽  
International Law ◽  
Ad Hoc ◽  
General Assembly ◽  
State Immunity ◽  
Deep Appreciation ◽  
Un General Assembly ◽  
United Nations Convention ◽  
International Law Commission ◽  
Law Commission

The United Nations Convention on Jurisdictional Immunities of States and Their Property was adopted by the UN General Assembly on 2 December 2004.1 The General Assembly recorded, in the first paragraph of its resolution adopting the Convention, its ‘deep appreciation to the International Law Commission and the Ad Hoc Committee on jurisdictional Immunities of States and their Property for their valuable work on the law of jurisdictional immunities of States and their property’. Whatever view one takes as to the merits of the Convention text or the prospects of its success,2 it cannot be doubted that this acknowledgment was well deserved—it is, if anything, an understatement to describe the conclusion of a detailed international instrument on state immunity, embodying the restrictive theory of immunity, as a ‘diplomatic triumph’.

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.

Visits to the ICRC

1990 ◽  
Vol 30 (277) ◽  
pp. 345-346
Keyword(s):  
International Law ◽  
International Criminal ◽  
War Crimes ◽  
Criminal Court ◽  
General Assembly ◽  
United Nations General ◽  
Peace And Security ◽  
United Nations General Assembly ◽  
International Law Commission ◽  
Law Commission

• ICRC President Comelio Sommaruga received the members of the International Law Commission (ILC) at ICRC headquarters on 7 June 1990.The Commission is a subsidiary body of the United Nations General Assembly. Its 34 members are elected from among the most eminent representatives of the world's different legal systems. The Commission is entrusted with the task of promoting the codification and development of international law. It is currently working on the codification of offences against the peace and security of mankind (which include war crimes) and the setting up of an international criminal court.

scholarly journals The International Law Commission Adopts Draft Articles on International Watercourses

1995 ◽  
Vol 89 (2) ◽  
pp. 395-404 ◽  
Author(s):  
Stephen C. McCaffrey
Keyword(s):  
Ground Water ◽  
International Law ◽  
General Assembly ◽  
International Conference ◽  
Complete Set ◽  
The Law ◽  
International Law Commission ◽  
Law Commission

At its 1994 session, the International Law Commission (ILC) completed the final adoption (“second reading”) of a complete set of thirty-three draft articles on the law of the non-navigational uses of international watercourses, together with a resolution on transboundary confined ground water. The Commission submitted the draft articles and the resolution to the General Assembly and recommended that a convention on international watercourses be elaborated by the Assembly or by an international conference of plenipotentiaries on the basis of the Commission’s draft.

Crimes against humanity as a peremptory norm of general international law (jus cogens): There really is no doubt? But so what?

2020 ◽  
Vol 2020 ◽  
pp. 1-14
Author(s):  
Dire Tladi
Keyword(s):  
International Law ◽  
Crimes Against Humanity ◽  
Peremptory Norm ◽  
Jus Cogens ◽  
International Law Commission ◽  
Peremptory Norms ◽  
Law Commission

In 2019 the International Law Commission adopted two texts providing for the peremptory character of the prohibition of crimes against humanity, namely the draft articles on the prevention and punishment of crimes against humanity and the draft conclusions on peremptory norms of general international law. While both of these instruments recognise the peremptory character of the prohibition of crimes against humanity, neither of them address the consequences of the peremptory character of the prohibition of crimes against humanity. This article, on the basis, inter alia, of the internal processes leading to the adoption of these instruments, addresses the consequences of the peremptory character of the prohibition of crimes against humanity.

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