Procedures for Establishing the Invalidity or Termination of Treaties under the International Law Commission’s 1966 Draft Articles on the Law of Treaties

1967 ◽  
Vol 61 (4) ◽  
pp. 976-989 ◽  
Author(s):  
Herbert W. Briggs

The 1966 Draft Articles on the Law of Treaties, drafted over a period of five years of intensive work by an official organ of the international community—the International Law Commission of the United Nations—is more comprehensive and more reflective of community consensus than any previous draft prepared by international lawyers on the law of treaties. In contrast with the excellent Draft Convention on the Law of Treaties completed by the Harvard Eesearch in International Law in 1935, preparation of the Commission’s draft had the advantage of participation by members representative of all continents and of the views of states which were not in existence in 1935.

1986 ◽  
Vol 80 (2) ◽  
pp. 305-330 ◽  
Author(s):  
Daniel Barstow Magraw

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.


1996 ◽  
Vol 90 (1) ◽  
pp. 106-115
Author(s):  
Robert Rosenstock

The International Law Commission of the United Nations held its forty-seventh session from May 2 to July 20, 1995, under the chairmanship of Pemmaraju S. Rao of India. The Commission continued its work on existing topics and considered aspects of the Draft Code of Crimes against die Peace and Security of Mankind, state responsibility, and liability for injurious consequences arising out of acts not prohibited by international law. The Commission began work on the two new topics of “state succession and its impact on the nationality of natural and legal persons” (“nationality“) and “the law and practice relating to reservations to treaties” (“reservations“) and made a recommendation as to two additional topics for its future agenda.


1970 ◽  
Vol 64 (5) ◽  
pp. 838-852 ◽  
Author(s):  
Shabtai Rosenne

The purpose of this article is to bring up to date the present writer’s previous article on “The Depositary of International Treaties” published in this Journal, in the light of the deliberations of the United Nations Conference on the Law of Treaties in 1968 and 1969 and the changes there made in the texts. The relevant provisions now appear as Articles 76, 77 and 78 of the so-called Vienna Convention on the Law of Treaties, corresponding to Articles 71, 72 and 73 of the draft articles on the law of treaties of the International Law Commission.


1967 ◽  
Vol 61 (4) ◽  
pp. 923-945 ◽  
Author(s):  
Shabtai Rosenne

The Draft Articles on the Law of Treaties completed in 1966 by the International Law Commission and submitted to the General Assembly of the United Nations, on the basis of proposals by the Special Rapporteur, Sir Humphrey Waldock, contain, in Part VII (entitled “Depositaries, Notifications, Corrections and Registration”), three articles—Articles 71, 72 and 73—dealing directly with the depositary of an international treaty; and throughout the Draft Articles are to be found other provisions which directly or indirectly relate to the same institution of contemporary international law and relations.


2009 ◽  
Vol 103 (2) ◽  
pp. 272-293 ◽  
Author(s):  
Stephen C. McCaffrey

At its 2008 session the United Nations International Law Commission (ILC) completed work on a set of nineteen draft articles on the law of transboundary aquifers and transmitted the draft to the General Assembly. The ILC recommended that the Assembly take note of the draft articles and at a later stage consider the elaboration of a convention based upon them.


2013 ◽  
pp. 667-681
Author(s):  
Bojan Milisavljevic

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.


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