The General Assembly and the Progressive Development and Codification of International Law

1948 ◽  
Vol 42 (1) ◽  
pp. 66-97 ◽  
Author(s):  
Yuen-Li Liang

The work which has been undertaken by the United Nations with regard to the encouragement of the progressive development and codification of international law finds its express origin in the duty given to the General Assembly by Article 13, paragraph 1 (a) of the Charter of the United Nations. It is therein laid down that: “ 1 . The General Assembly shall initiate studies and make recommendations for the purpose of: (a) promoting international cooperation in the political field and encouraging the progressive development of international law and its codification.” At the Conference held at San Francisco, April 25 to June 25, 1945, at which the Charter of the United Nations wasdrawn up, the measures that should be taken for “revitalizing and strengthening” international law, shaken in the course of a quarter of a century by the upheaval of two World Wars, were considered by Committee II/2 of the Conference.

1950 ◽  
Vol 4 (3) ◽  
pp. 428-433 ◽  

On July 10, 1950 the Interim Committee of the General Assembly met to consider the following items: 1) the report of the Subcommittee on International Cooperation in the Political Field; 2) the report of the United Nations Commission for Eritrea; and 3) the study of procedure to delimit the boundaries of the former Italian Colonies. Before these matters could be discussed, however, the committee had to elect a new vice-chairman as Abdur Rahim Khan (Pakistan) had submitted his resignation from that position following his appointment as representative of Pakistan on the United Nations Advisory Council for Libya.


1995 ◽  
Vol 35 (309) ◽  
pp. 638-666 ◽  
Author(s):  
Antoine Bouvier

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.


Author(s):  
Pedro Keil

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.


1955 ◽  
Vol 49 (1) ◽  
pp. 16-43 ◽  
Author(s):  
H. Lauterpacht

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.


1981 ◽  
Vol 75 (3) ◽  
pp. 674-679 ◽  
Author(s):  
Benjamin B. Ferencz

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?”


1986 ◽  
Vol 26 (253) ◽  
pp. 213-216

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.


1950 ◽  
Vol 4 (2) ◽  
pp. 199-218 ◽  
Author(s):  
Annette Baker Fox

Organized international intervention in colonial affairs has never found favor in the eyes of the European colonial powers. It did not at San Francisco when they sought to restrict the United Nations role in non-self-governing territories. It was not well received when the Security Council dealt with Indonesia nor were its results favored when the General Assembly disposed of the Italian empire. It does not please them, now, when the focus of public attention is on the political, economic, and social development of the colonies.


Author(s):  
Higgins Dame Rosalyn, DBE, QC ◽  
Webb Philippa ◽  
Akande Dapo ◽  
Sivakumaran Sandesh ◽  
Sloan James

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.


1949 ◽  
Vol 43 (4) ◽  
pp. 705-715
Author(s):  
Yuen-li Liang

In continuation of the note on “Some Aspects of the Work of the Interim Committee of the General Assembly,” the present note will deal with the five resolutions adopted by the General Assembly during the second part of its third session, held between April 5 and May 19, 1949, on the problem of voting in the Security Council and on the study of methods for the promotion of international coöperation in the political field. These resolutions, which were adopted upon the recommendation of the Interim Committee, concern (1) the problem of voting in the Security Council; (2) restoration to the General Act of September 26, 1928, of its original efficacy; (3) appointment of a rapporteur or conciliator for a situation or dispute brought to the attention of the Security Council; (4) amendments to the rules of procedure of the General Assembly; and (5) creation of a panel for inquiry and conciliation.


1953 ◽  
Vol 7 (2) ◽  
pp. 281-281

The Political Committee of the Arab League met in Cairo beginning December 20, 1952, under the chairmanship of Fathy Radwan (Egypt) to discuss questions relating to Palestine and north Africa. On December 25, the committee issued a statement approving the failure of passage in the United Nations General Assembly of the resolution adopted by the Ad Hoc Political Committee calling for direct negotiations between Israel and the Arab states. The committee condemned “the mere idea of an invitation to Arabs to negotiate with the Israelis” and expressed the hope “that there would be no repetition of these attempts”.


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