Comments of member states, organs of the united nations, specialized agencies and other intergovernmental organizations on the draft articles on the most-favoured-nation clause adopted by the international law commission at its twenty-eighth session

1978 ◽  
pp. 401-470
Author(s):  
Keyword(s):  
United Nations ◽  
International Law ◽  
Intergovernmental Organizations ◽  
Member States ◽  
The United Nations ◽  
International Law Commission ◽  
Law Commission

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 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.

The United Nations International Law Commission

1990 ◽  
Vol 18 (2) ◽  
pp. 122-126
Author(s):  
Robert W. Schaaf
Keyword(s):  
United Nations ◽  
International Law ◽  
18Th Century ◽  
Primary Source ◽  
Legal Questions ◽  
Postal Services ◽  
The Hague ◽  
The United Nations ◽  
International Law Commission ◽  
Law Commission

Those seeking information on the United Nations’ work in systematizing the rules of public international law may find it useful to examine the latest edition of The Work of the International Law Commission (4th ed., United Nations, 1988). According to this publication, (the primary source for this column), interest in the development and codification of the rules on international law may be traced back to the late 18th century and the English philosopher Jeremy Bentham, author of Principles of International Law. From this time forward there were numerous attempts at the codification of international law, but intergovernmental regulation of general legal questions originated with the Congress of Vienna (1814–1815). Thereafter, international legal rules on various subjects were developed by different diplomatic conferences. These included such subjects as the laws of war on land and sea, pacific settlement of international disputes and the regulation of postal services and telecommunications. The Hague Peace Conferences of 1899 and 1907 stimulated the movement for codification. Efforts to promote the codification and development of international law were further advanced with the 1924 (September 22) resolution of the fifth session of the League of Nations Assembly which envisaged the establishment of a standing Committee of Experts for the Progressive Codification of International Law. After having consulted member governments and the Council, the League Assembly decided in 1927 to convene a Codification Conference which took place at The Hague in the Spring of 1930. Unfortunately, the international instruments resulting from the work of the conference were only in the one field of nationality. One further step, however, was the adoption by the League Assembly on September 25, 1931 of a major resolution on codification of international law emphasizing the need to strengthen the influence of governments at each stage in the codification process.

Transboundary Harm: The International Law Commission’s Study of “International Liability”

1986 ◽  
Vol 80 (2) ◽  
pp. 305-330 ◽  
Author(s):  
Daniel Barstow Magraw
Keyword(s):  
United Nations ◽  
International Law ◽  
Environmental Effects ◽  
International Community ◽  
Technological Advances ◽  
The United Nations ◽  
International Liability ◽  
International Law Commission ◽  
Law Commission

The International Law Commission of the United Nations is currently studying a topic entitled “International Liability for Injurious Consequences Arising out of Acts Not Prohibited by International Law” (hereinafter “international liability” or “topic”). That topic has proven to be as serpentine as its title suggests and consequently is difficult to define. It is generally understood as encompassing, in particular, harmful transnational environmental effects of internationally lawful activities. This aspect alone has made the topic increasingly important, as demands on resources have intensified, technological advances have given rise to threats of widespread and even catastrophic transboundary harm, and the international community has grown more interdependent in other ways.

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.

Disentangling ‘Effective Control’ Test for the Purpose of Attribution of the Conduct of un Peacekeepers to the States and the United Nations

2017 ◽  
Vol 86 (1) ◽  
pp. 30-67 ◽  
Author(s):  
Natalia Perova
Keyword(s):  
United Nations ◽  
International Law ◽  
Effective Control ◽  
International Court ◽  
The World ◽  
The United Nations ◽  
Unlawful Conduct ◽  
International Law Commission ◽  
Superior Responsibility ◽  
Law Commission

Despite the efforts of the United Nations (un), the world continues to hear news about un peacekeepers committing crimes in the state where they are deployed. One of the reasons is that the responsibility of the troop-contributing states for the conduct of their peacekeepers is not sufficiently recognised. In order to address the issue, this article advocates for ‘effective control’ to be interpreted as a material ability of a national contingent commander (for troop-contributing states) or un Force Commander (for the un) to prevent particular conduct (criminal act). Although representing a minority of academic views, this approach derives from superior responsibility, the International Court of Justice’s jurisprudence, is supported by the International Law Commission and in line with the un’s position and practice. Following this interpretation, the article concludes that in many instances unlawful conduct of peacekeepers will be attributed to the troop-contributing states and not only to the un.

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