scholarly journals The Role of the United Nations in the Formation of Customary International Law in the Field of Human Rights

2017 ◽  
Vol 19 (1) ◽  
pp. 68-97 ◽  
Author(s):  
Sufyan Droubi
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
Social Processes ◽  
Customary International Law ◽  
Constructivist Perspective ◽  
The United Nations ◽  
International Law Commission ◽  
Law Commission

The present work addresses the role of un in the formation of customary international law from a constructivist perspective. It dialogues with the International Law Commission and, in contrast with the latter, it argues that the importance of the un is a matter to be defined empirically. Its organs are capable of acting as norm entrepreneurs, articulating and promoting new norms. They are capable of affecting social processes in order to create pressure on the states that resist emergent norms. Thus, instead of a mere agent of states the un is capable of deeply influencing them both in behavioural and attitudinal terms. Furthermore, the un promote the formalization and institutionalization of new norms, elucidating their scope, application, and embedding them in consistently coherent amalgamation of norms and practices. Hence, it is capable of fostering the processes that lead to the crystallization of norms as customary international law.

scholarly journals Diplomatic protection in international law and the United Nations

2013 ◽  
pp. 667-681
Author(s):  
Bojan Milisavljevic
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
Customary Law ◽  
Diplomatic Protection ◽  
History Of ◽  
The United Nations ◽  
International Law Commission ◽  
The Impact ◽  
Law Commission

The paper deals with the issue of the diplomatic protection in international law and its development through the history of the international community. In this sense, the author investigates the practice of states regarding the application of diplomatic protection and the steps taken by the International Law Commission of the United Nations on the codification of this area. In 2004 International Law Commission adopted at first reading a full set of draft articles. In this paper is presented judicial practice, especially of the International Court of Justice, in the field of diplomatic protection in order to evaluate whether the approach of the Court to diplomatic protection has become more human-rights oriented in the last few years. Author presents the development of customary law rules relating to diplomatic protection and its transition into a whole system of rules through the work of the International Law Commission. In this sense, these are the basic stages in the codification of rules on diplomatic protection and the United Nations contribution to the protection of the rights of foreign nationals. This article points the development of universal and regional mechanisms to protect human rights and highlights the impact of those mechanisms on traditional measures of diplomatic protection.

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.

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.

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.

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.

Customary International Law

2021 ◽  
Author(s):  
Pierre-Marie Dupuy ◽  
Keyword(s):  
General Practice ◽  
International Law ◽  
Complex Relationship ◽  
Customary International Law ◽  
Progressive Development ◽  
The World ◽  
International Law Commission ◽  
Law Commission

International custom “as evidence of a general practice accepted as law”, is considered one of the two main sources of international law as it primarily derives from the conduct of sovereign States, but is also closely connected with the role of the international judge when identifying the applicable customary rule, a function it shares with the bodies in charge of its codification (and progressive development), starting with the International Law Commission. Though mainly considered to be general international law, international custom has a complex relationship with many specific fields of law and specific regions of the world. The editor provides comprehensive research published in the last seven decades, invaluable to everyone interested in the field of customary international law.

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