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 Forty-ninth Session of the International Law Commission

1998 ◽  
Vol 92 (1) ◽  
pp. 107-112
Author(s):  
Robert Rosenstock
Keyword(s):  
United Nations ◽  
International Law ◽  
State Responsibility ◽  
Diplomatic Protection ◽  
Working Groups ◽  
The United Nations ◽  
International Liability ◽  
International Law Commission ◽  
Law Commission

The International Law Commission of the United Nations held its forty-ninth session in Geneva from May 12 to July 18, 1997, under the chairmanship of Professor Alain Pellet of France. The Commission concluded its first reading of a draft declaration on nationality in relation to the succession of states; adopted preliminary conclusions on a key element of the topic of reservations to treaties; and appointed new special rapporteurs for state responsibility, international liability for injurious consequences of acts not prohibited by international law, unilateral acts of states, and diplomatic protection. The Commission also established working groups on each of these topics.

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.

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.

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