Part IV Fundamental Rights and Obligations, 8 Introduction: The 1997 United Nations Convention and its Precursors

2019 ◽  
Author(s):  
McCaffrey Stephen C
Keyword(s):  
United Nations ◽  
International Law ◽  
Fundamental Rights ◽  
General Assembly ◽  
Progressive Development ◽  
United Nations General ◽  
United Nations General Assembly ◽  
United Nations Convention ◽  
International Law Commission ◽  
Law Commission

This chapter discusses the 1997 United Nations Watercourses Convention. The Convention on the Law of the Non-Navigational Uses of International Watercourses was adopted by the United Nations General Assembly on May 21, 1997 and entered into force on August 17, 2014. The UN Watercourses Convention represents an effort by the international community to reflect the general principles and rules of international law governing the use by states of shared freshwater resources, except for principles and rules concerning navigation. The working document on the basis of which the Convention was negotiated was the result of twenty years’ work by the International Law Commission, a subsidiary organ of the General Assembly charged with “the progressive development of international law and its codification.” The chapter then provides an overview of the provision of the Convention.

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.

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.

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.”

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.

“Convention on the Safety of United Nations and Associated Personnel”: Presentation and analysis

1995 ◽  
Vol 35 (309) ◽  
pp. 638-666 ◽  
Author(s):  
Antoine Bouvier
Keyword(s):  
United Nations ◽  
International Law ◽  
Ad Hoc ◽  
General Assembly ◽  
Progressive Development ◽  
United Nations General ◽  
Fast Pace ◽  
United Nations General Assembly ◽  
The United Nations

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.

Convention on the Law of the Non-Navigational Uses of International Watercourses

1997 ◽  
Vol 10 (3) ◽  
pp. 501-508 ◽  
Author(s):  
Malgosia Fitzmaurice
Keyword(s):  
United Nations ◽  
International Law ◽  
Working Group ◽  
General Assembly ◽  
United Nations General ◽  
United Nations General Assembly ◽  
The United Nations ◽  
The Law ◽  
International Law Commission ◽  
Final Text

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.

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.

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.

The 1997 United Nations Convention on International Watercourses

1998 ◽  
Vol 92 (1) ◽  
pp. 97-107 ◽  
Author(s):  
Stephen C. McCaffrey ◽  
Mpazi Sinjela
Keyword(s):  
United Nations ◽  
Working Group ◽  
General Assembly ◽  
Emergency Situations ◽  
United Nations General ◽  
The Subject ◽  
United Nations General Assembly ◽  
United Nations Convention ◽  
The United Nations ◽  
International Law Commission

The Convention on the Law of the Non-Navigational Uses of International Watercourses was adopted by the United Nations General Assembly on May 21, 1997. It was negotiated in the Sixth (Legal) Committee of the General Assembly, convening for this purpose as a “Working Group of the Whole,” on the basis of draft articles adopted by the International Law Commission (ILC). The negotiations in the working group were open to participation by all UN member states, as well as states that are members of specialized agencies of the United Nations. The Convention is divided into seven parts containing thirty-seven articles: Introduction; General Principles; Planned Measures; Protection, Preservation and Management; Harmful Conditions and Emergency Situations; Miscellaneous Provisions; and Final Clauses. An annex sets forth procedures to be used in the event the parties to a dispute have agreed to submit it to arbitration. This Note will focus on key provisions of the Convention and on those that were the subject of controversy during the working group’s deliberations. It assumes that the reader has access to the text.

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