Non-State Actors from the Perspective of the International Law Commission

2011 ◽  
Author(s):  
Gentian Zyberi
Keyword(s):  
International Law ◽  
State Actors ◽  
International Law Commission ◽  
Law Commission

The Due Diligence Principle Under International Law

2006 ◽  
Vol 8 (1) ◽  
pp. 81-121 ◽  
Author(s):  
Robert Barnidge
Keyword(s):  
International Law ◽  
State Responsibility ◽  
Due Diligence ◽  
State Actors ◽  
International Law Commission ◽  
Law Commission

AbstractThis article explores the interface of state responsibility, non-state actors, and the due diligence principle. It begins by examining the various principles of responsibility under international law. After doing so, it closely considers the deliberations of the International Law Commission on the topic of state responsibility. In light of these developments, attention is then paid to exactly what has been expected of states with regard to the activities of non-state actors during the last century. This overview focuses on the due diligence principle, a principle which, it is argued, can be restrictively or expansively interpreted, as the particular facts and circumstances require, to hold states responsible for their actions or omissions related to non-state actors.

scholarly journals The International Law Commission Reinvents Itself?

AJIL Unbound ◽  
2014 ◽  
Vol 108 ◽  
pp. 79-82
Author(s):  
Kristina Daugirdas
Keyword(s):  
International Law ◽  
Incomplete Response ◽  
State Actors ◽  
International Law Commission ◽  
Law Commission ◽  
Multilateral Treaties

For most of its history, the International Law Commission has been in the business of producing draft articles. Yet, Sean Murphy’s coverage of the Commission’s sixty-fifth session reveals that the Commission has decisively turned away from this format. As Jacob Katz Cogan’s earlier post observes, the Commission is demonstrating a new-found preference for outputs that are explicitly non-binding and betray no aspiration to form the basis for multilateral treaties. The Commission’s embrace of alternative formats is a promising response to some of the risks and criticisms associated with producing draft articles. But it is also an incomplete response. To ensure that its work continues to be relevant, ambitious, and influential, the Commission must revise its working methods as well as its outputs. In particular, the Commission should develop procedures for engaging with and soliciting input from the non-state actors who are becoming an increasingly important audience for the Commission’s work.

On the Road to Vienna

2017 ◽  
Author(s):  
Kai Bruns
Keyword(s):  
Cold War ◽  
International Law ◽  
The Road ◽  
Progressive Development ◽  
History Of ◽  
On The Road ◽  
The Cold War ◽  
International Law Commission ◽  
Law Commission

This chapter focuses on the negotiations that preceded the 1961 Vienna Conference (which led to the conclusion of the VCDR). The author challenges the view that the successful codification was an obvious step and refers in this regard to a history of intense negotiation which spanned fifteen years. With particular reference to the International Law Commission (ILC), the chapter explores the difficult task faced by ILC members to strike a balance between the codification of existing practice and progressive development of diplomatic law. It reaches the finding that the ILC negotiations were crucial for the success of the Conference, but notes also that certain States supported a less-binding form of codification. The chapter also underlines the fact that many issues that had caused friction between the Cold War parties were settled during the preparatory meetings and remained largely untouched during the 1961 negotiations.

Approaches for Analysing Norm Relationships

2017 ◽  
Author(s):  
Henning Grosse Ruse-Khan
Keyword(s):  
Conflict Resolution ◽  
Intellectual Property ◽  
International Law ◽  
Structure Building ◽  
Analytical Structure ◽  
Rules And Principles ◽  
Logical Order ◽  
International Law Commission ◽  
Rule Systems ◽  
Law Commission

This chapter discusses conflict-resolution tools and develops an analytical structure building on rules and principles in international intellectual property (IP) treaties, other rule-systems, and general international law to define norm relationships of interpretation and of conflict. Several tools are taken from the ‘toolbox’ developed in the Fragmentation Report of the International Law Commission and other fragmentation literature. Depending on the type of relationship at stake, the most appropriate legal tools to address them may vary. The ILC Report and Conclusions provide for some of the tools and to some extent for an analytical structure, a logical order for examining these relationships. As the chapter shows, for some types of legal relations other approaches are more adequate. They hence complement the ILC principles and need to be integrated in the set of tools available.

Due diligence as a secondary rule of general international law

2021 ◽  
pp. 1-30
Author(s):  
Richard Mackenzie-Gray Scott
Keyword(s):  
International Law ◽  
Due Diligence ◽  
Legal Practice ◽  
Formed Part ◽  
International Law Commission ◽  
Domestic Law ◽  
Secondary Rule ◽  
Law Making ◽  
Law Commission ◽  
Do So

Abstract The conventional understanding of due diligence in international law appears to be that it is a concept that forms part of primary rules. During the preparatory stages in creating the Articles on Responsibility of States for Internationally Wrongful Acts (ARSIWA), the International Law Commission (ILC) focused on due diligence as though it could have formed part of secondary rules. Despite this process, no due diligence provision forms part of the ARSIWA. Yet a number of the final provisions are based on primary rules. This is because the ILC relied on the method of extrapolation in attempts to create secondary rules. Extrapolation is a method of international law-making by which the output of an analytical process is reproduced in a different form following an examination of its content that exists in other forms. In using this method, the ILC attempted to create secondary rules by extrapolating from primary rules. Yet it did not do so with respect to due diligence. However, due diligence can be formulated and applied differently by using this same method. This article analyses the steps of this process to construct a vision of where international legal practice should venture in the future. In learning from and amalgamating the dominant trends in different areas of international and domestic law, this article proposes that due diligence could exist as a secondary rule of general international law. By formulating and applying due diligence as a secondary rule, there is potential to develop the general international law applicable to determining state responsibility for the conduct of non-state actors.

The Fifty-Sixth Session of the International Law Commission

2005 ◽  
Vol 99 (1) ◽  
pp. 211-221 ◽  
Author(s):  
Michael J. Matheson
Keyword(s):  
International Law ◽  
International Organizations ◽  
Armed Conflict ◽  
Diplomatic Protection ◽  
Sixth Session ◽  
International Liability ◽  
International Law Commission ◽  
Fragmentation Of International Law ◽  
Law Commission

The International Law Commission held its fifty-sixdi session in Geneva from May 3 to June 4, and from July 5 to August 6, 2004, under the chairmanship of Teodor Melescanu of Romania. The Commission completed its first reading of draft principles on international liability for transboundary harm and draft articles on diplomatic protection, which have now been submitted for comment by states with a view to their completion in 2006. The Commission also continued its work on reservations to treaties, responsibility of international organizations, unilateral acts of states, fragmentation of international law, and shared natural resources. In addition, the Commission decided to start work next year on the effect of armed conflict on treaties and the expulsion of aliens, and to recommend adding a new topic—the obligation to prosecute or extradite—to its long-term program. The following is a summary of where each topic stands and what issues are likely to be most prominent at the Commission's 2005 session.

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