Part 3 The United Nations: What it Does, 25 Promotion of International Law

2017 ◽  
Author(s):  
Higgins Dame Rosalyn, DBE, QC ◽  
Webb Philippa ◽  
Akande Dapo ◽  
Sivakumaran Sandesh ◽  
Sloan James
Keyword(s):  
United Nations ◽  
International Law ◽  
Ad Hoc ◽  
Secretary General ◽  
General Assembly ◽  
Progressive Development ◽  
Trade Law ◽  
International Trade Law ◽  
The United Nations ◽  
International Law Commission

The General Assembly is the most important organ for the promotion of international law. Article 13(1)(a) of the UN Charter provides that the Assembly ‘shall initiate studies and make recommendations for the purpose of: a. promoting international co-operation in the political field and encouraging the progressive development of international law and its codification … ’. The General Assembly works closely with the International Law Commission (ILC) and its Sixth Committee, Ad Hoc Committees, the Secretary-General and specialist entities such as the United Nations Commission on International Trade Law (UNCITRAL). This chapter discusses the role of the ILC, its relationship with the General Assembly, the Sixth Committee, and relationship with other bodies; the Sixth Committee and the promotion of international law; the Secretary-General and the promotion of international law; UNCITRAL; the Law of the Sea; promotion of treaties; legal resources and training; and promotion of themes relevant to the UN’s work.

“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.

The Role of the Secretary-General of the Permanent Court of Arbitration Under the UNCITRAL Arbitration Rules

1995 ◽  
Vol 8 (1) ◽  
pp. 185-192
Author(s):  
Hans Jonkman
Keyword(s):  
International Trade ◽  
United Nations ◽  
Secretary General ◽  
General Assembly ◽  
Trade Law ◽  
International Trade Law ◽  
Preparation Period ◽  
The United Nations

On 28 April 1976, after a preparation period of three years, the United Nations Commission on International Trade Law (UNCITRAL) adopted by consensus the UNCITRAL Arbitration Rules. On 15 December 1976, the General Assembly of the United Nations recommended the use of these Rules, and requested the UN Secretary-General to arrange for their widest possible distribution.

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 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.

scholarly journals Mediation in the Legal System of the United Nations

2020 ◽  
Vol 29 (4) ◽  
pp. 101
Author(s):  
Paweł Kłos
Keyword(s):  
United Nations ◽  
International Law ◽  
Dispute Resolution ◽  
Secretary General ◽  
Legal Institution ◽  
Internal Environment ◽  
Trade Disputes ◽  
Trade Law ◽  
International Trade Law ◽  
The United Nations

<p>The international law order is the first in which we can observe the use of mediation as a legal institution. The mediation activity conducted by the United Nations is a model for contemporary legal entities. The entity is characterized by a multitude of normative regulations and undertaking informational and promotional actions in the field of mediation. The areas of action of the United Nations include interventions in political, international and domestic disputes, trade disputes, and internal disputes thus determine the UN’s promediation activities in three spheres of activity: 1) mediation activities under the direction of the UN Department of Political and Peacebuilding Affairs. It involves mediation with the UN Secretary-General as a mediator. The conduct of mediation is aimed at resolving international and domestic disputes; 2) activities of the United Nations Commission on International Trade Law (UNCITRAL), Working Group II: Arbitration and Conciliation / Dispute Resolution. It is the UN unit specialising in the use of mediation to settle trade disputes in a variety of entities; 3) the United Nations is an organization which employs tens of thousands of people of various nationalities, cultures and operating in different areas. This area is within the Ombudsman’s responsibility as part of mediation services. The entity deals with the internal environment of the organization, resolves disputes, including those through mediation between UN employees.</p>

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.

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