The Legal Status of Submarine Areas Beneath the High Seas.

1951 ◽  
Vol 45 (2) ◽  
pp. 225-239 ◽  
Author(s):  
Richard Young
Keyword(s):  
International Law ◽  
Legal Status ◽  
Legal Principles ◽  
State Practice ◽  
The Status ◽  
Legal Concepts ◽  
International Law Commission ◽  
General Assent ◽  
Law Commission ◽  
High Seas

The increasing number of claims by various states to submarine areas beneath the high seas has recently raised anew the question of the status of such claims in international law. The importance of the problem, with its possible impact on traditional legal concepts, has attracted the attention of writers and of several bodies interested in the development of international law, including the International Law Commission of the United Nations. It is to be hoped that out of the present ferment will emerge some sound legal principles which will reconcile new needs with established patterns in such a manner as to win general assent. To this end it may be useful, now that there are some years of state practice and learned discussion to draw upon, to comment on various views that have been advanced.

Case Analysis: The Gabčíkovo-Nagymaros Case: The Law of Treaties

1998 ◽  
Vol 11 (2) ◽  
pp. 321-344 ◽  
Author(s):  
Malgosia Fitzmaurice
Keyword(s):  
International Law ◽  
Legal Status ◽  
Case Analysis ◽  
Vienna Convention ◽  
Fundamental Change ◽  
Unilateral Termination ◽  
The Subject ◽  
The Law ◽  
International Law Commission ◽  
Law Commission

The subject-matter of this article are the issues of treaty law as expounded in the Judgment in the Gabčíkovo-Nagymaros case. The following problems are discussed: unilateral suspension and abandonment of obligations deriving from the binding treaty; the principle of fundamental change of circumstances; unilateral termination of a treaty; applicability of the 1969 Vienna Convention on the Law of Treaties in this case; legal status of so-called ‘provisional solution’; impossibility of performance and material breach of treaty; the application of the principle of ‘approximate application’; and the principle pacta sunt servanda. The issues arc discussed at the background of the Drafts of the International Law Commission.

5 Rules of Attribution

2020 ◽  
Author(s):  
Hobér Kaj
Keyword(s):  
United Nations ◽  
International Law ◽  
The State ◽  
State Responsibility ◽  
Final Version ◽  
Legal Principles ◽  
Form Part ◽  
Energy Charter Treaty ◽  
International Law Commission ◽  
Law Commission

This chapter focuses on the rules of attribution. The State is not responsible for all acts and omissions of its nationals, but only for those which can be attributed to the State. It is thus necessary to establish this link between the State and the person, or persons, committing an unlawful act or omission. The legal principles used to establish this link are usually referred to as rules of attribution. The rules of attribution form part of the law of state responsibility, which, to a large part, is reflected in the work of the International Law Commission (ILC) of the United Nations. At its fifty-third session in 2001, the ILC adopted its final version of the ILC Articles on Responsibility of States for Internationally Wrongful Acts. The ILC Articles are intended to cover all aspects of state responsibility under international law. The rules of attribution are laid down in Chapter II of the ILC Articles. From an Energy Charter Treaty perspective, Articles 4—8 are the most relevant ones. The central provision with respect to attribution is Article 4, which confirms the well-established principle of international law that the State is responsible for the acts of its own organs acting in the capacity of the State.

The Fortieth Session of the International Law Commission

1989 ◽  
Vol 83 (1) ◽  
pp. 153-171 ◽  
Author(s):  
Stephen C. Mccaffrey
Keyword(s):  
United Nations ◽  
International Law ◽  
International Organizations ◽  
State Responsibility ◽  
Draft Code ◽  
Peace And Security ◽  
The Status ◽  
International Liability ◽  
International Law Commission ◽  
Law Commission

The International Law Commission of the United Nations held its 40th session from May 9 to July 29, 1988, under the Chairmanship of Ambassador Leonardo Díaz-González. The Commission adopted 6 articles of the Draft Code of Crimes against the Peace and Security of Mankind and 14 articles on the law of non-navigational uses of international watercourses. Substantial time was devoted to both international liability for injurious consequences arising out of acts not prohibited by international law and the status of the diplomatic courier and the diplomatic bag not accompanied by diplomatic courier. Reports on jurisdictional immunities of states and their property and state responsibility were introduced by the special rapporteurs for those topics but were not discussed by the Commission owing to lack of time. The remaining substantive item on the Commission’s agenda, relations between states and international organizations (second part of the topic), was not considered at this session. Finally, the Commission once again devoted substantial time to reviewing its procedures and methods of work.

The Work of The International Law Commission on “Relations between States and International Organizations” Discontinued: an Assessment

1993 ◽  
Vol 6 (1) ◽  
pp. 3-16 ◽  
Author(s):  
Peter H.F. Bekker
Keyword(s):  
International Law ◽  
International Organizations ◽  
Legal Status ◽  
General Assembly ◽  
Legal Personality ◽  
Progressive Development ◽  
Un General Assembly ◽  
International Law Commission ◽  
Law Commission

The UN General Assembly has recently decided to delete from the agenda of the International Law Commission the topic ‘Relations between States and International Organizations’.Over a period of 31 years, fourteen Reports by two successive Special Rapporteurs studied the topic in two parts. The First part of the topic (1963–1975) dealt with the privileges and immunities of representatives of states to international organizations, and resulted in a Convention, that has, however, not yet entered into force; the Second part of the topic (1976–1992) concentrated on the legal status and immunities of organizations themselves.The author analyzes the Draft Articles that have been submitted in the course of the ILC's study of the Second part. This is done by way of a three-step application of the functional necessity concept of organizational immunities:(1) Status, dealing with an organization's functions, legal personality and capacity-(2) Selection, defining a scale of organizational immunities for which an organization may be eligible - and (3) Scope, determining the extent of selected immunities. Finally, the author employs the two statutory functions of the ILC -the codification of international law and the progressive development of international law- to assess the contribution by the ILC to this field of international institutional law.

On the Evidence of U.S. Treaty Law

1972 ◽  
Vol 7 (3) ◽  
pp. 361-367
Author(s):  
Salo Engel
Keyword(s):  
International Law ◽  
National Level ◽  
General Interest ◽  
International Level ◽  
Customary International Law ◽  
Treaty Law ◽  
The Status ◽  
The Creation ◽  
International Law Commission ◽  
Law Commission

According to Article 24 of its Statute, the International Law Commission “shall consider ways and means for making the evidence of customary international law more readily available”. The existence of such law is indeed difficult to prove even at the national level; how much more so in the international sphere. This, however, should not mislead one to think that there are no problems with regard to treaty law. On the international level it may not be too difficult to determine whether a treaty exists on a particular question, but information about the exact status of the treaty (its entry into force, the parties thereto, the amendments thereof, etc.) in most cases is not easily available. Wherefore, I proposed many years ago the creation of an International Legislation Register which would contain up-to-date information at least about the status of multi-partite treaties of general interest.

The Geneva Conference on the Law of the Sea and the Right of Innocent Passage through the Gulf of Aqaba

1959 ◽  
Vol 53 (3) ◽  
pp. 564-594 ◽  
Author(s):  
Leo Gross
Keyword(s):  
International Law ◽  
Legal Status ◽  
Law Of The Sea ◽  
Gulf Of Aqaba ◽  
General Assembly ◽  
The Law ◽  
The Right ◽  
Geneva Conference ◽  
International Law Commission ◽  
Law Commission

Since the United Nations Emergency Force moved in and occupied the heights overlooking the Straits of Tiran, the Gulf of Aqaba has been quiet. Ships, including Israel flag ships, move freely in and out. The right of passage claimed by Israel and other states was discussed in the Security Council in 1954, in the International Law Commission in 1956, in the General Assembly in 1956-57, and again at the Geneva Conference on the Law of the Sea February 24-April 27, 1958, and will be analyzed here. It should be stated at the outset that Israel's boundaries, including the strip at the northern end of the Gulf of Aqaba, are not an issue here. Nor is the Arab claim that a state of war continues to exist pertinent in determining the legal status of the Gulf and the Straits, although it obviously has some bearing on the availability to Israel of the right of “innocent” passage.

Rebellions and Civil Wars

2021 ◽  
Author(s):  
Patrick Dumberry
Keyword(s):  
International Law ◽  
Civil Wars ◽  
Case Law ◽  
Comprehensive Analysis ◽  
State Responsibility ◽  
State Practice ◽  
Scope Of Application ◽  
The Creation ◽  
International Law Commission ◽  
Law Commission

This book analyses all relevant questions of State responsibility and attribution arising from the conduct of rebels and governments in the context of civil wars and rebellions aiming at the establishment of a new government or the creation of a new State. Based on a comprehensive analysis of both old and recent State practice, and case law, including investment awards, as well as the works of scholars and the International Law Commission, the book identifies ten basic rules which can be used by States and international tribunals. It explains the history, content and scope of application of the specific solutions adopted in Article 10 of the International Law Commission Articles on State responsibility to address particular problems. The book also critically revisits some of the solutions that have been put forward by tribunals and scholars, and examines a number of questions which have never been addressed by them before.

Immunities of State Officials and the Responsibility for the International Crimes: International and National Law

2016 ◽  
Vol 4 (2) ◽  
pp. 0-0
Author(s):  
Светлана Глотова ◽  
Svetlana Glotova
Keyword(s):  
International Law ◽  
Russian Federation ◽  
Rome Statute ◽  
Criminal Code ◽  
International Crimes ◽  
State Practice ◽  
The Russian Federation ◽  
Jus Cogens ◽  
International Law Commission ◽  
Law Commission

The immunities of high-rank officials regarding to the responsibility of serious crimes of international community concern are analysed in the present paper. Relevance of the topic is maintained in its consideration of the International Law Commission. Principle of the irrelevance of official capacity (Art. 7 IMT, Principle III of the Nuremberg principles, art. 27 Rome Statute of ICC) is universally recognized and has the character of jus cogens. We critically examine the state practice (Pinochet case, Georgia case). The international documents, Criminal Code of the Russian Federation and doctrine are analyzed. By virtue of the constitutional priority of universally recognized principles and norms of International law (Art. 15.4 Constitution), the provisions of the Criminal Code must be fixed in accordance with the Nuremberg principles. This concerns especially principle of irrelevance of official capacity. In case of conflict, the principle of interpretation in accordance with international law should be applied.

Past, Present and Future of the International Law of Transboundary Aquifers

2011 ◽  
Vol 13 (3) ◽  
pp. 209-222 ◽  
Author(s):  
Kerstin Mechlem
Keyword(s):  
International Law ◽  
Status Quo ◽  
Water Law ◽  
The Status ◽  
The Law ◽  
The 1960S ◽  
International Law Commission ◽  
Transboundary Aquifers ◽  
Law Commission ◽  
The Way

AbstractThe article discusses the development of international groundwater law from the first codification efforts of modern water law until present and raises relevant issues for the way forward. It first traces international groundwater law from the 1960s until the end of the last century. It then reviews the growing attention groundwater has received during the last decade and third discusses the status quo. It places particular emphasis on the 2008 Draft Articles on the Law of Transboundary Aquifers adopted by the International Law Commission and the legal arrangements made for five of the 273 transboundary aquifers. It concludes with thoughts on the way forward in this important and understudied area of international law.

scholarly journals Identifying Customary International Law: First Thoughts on the ILC’s First Steps

AJIL Unbound ◽  
2014 ◽  
Vol 108 ◽  
pp. 184-187 ◽  
Author(s):  
Edward T. Swaine
Keyword(s):  
International Law ◽  
Early Stage ◽  
Special Rapporteur ◽  
Customary International Law ◽  
First Report ◽  
State Practice ◽  
International Law Commission ◽  
Early Returns ◽  
Law Commission

The International Law Association’s Statement of Principles Applicable to the Formation of General Customary International Law (2000) was a welcome addition to an admittedly voluminous literature. Stepping into the void of authoritative commentary, it balanced an estimable representation of contemporary thinking while it also tendered sometimes controversial views on unresolved matters. Though nominally on the same subject, the International Law Commission (ILC) project offers different strengths and faces different challenges. As the First Report by the Special Rapporteur, Sir Michael Wood, has noted, the ILC’s relationship with States, in particular, provides it with a special vantage and authority. This vantage may also make its pronouncements less tendentious, and more conservative, in character. I’d like to assess the (very early) returns on how this potential differentiation is faring. For sake of brevity, I will focus mostly on a likely harbinger, the treatment of State practice, as reflected in the Draft Conclusions already adopted by the Drafting Committee—including parts of the Second Report bearing upon them. Any stylistic or substantive criticism of the existing work recognizes, of course, that it is at an early stage, and that one of ILC’s many virtues is the deliberate and careful evolution of its projects.

Sign in / Sign up

Export Citation Format

Share Document