The Work of the Sixth Committee at the Forty-eighth Session of the UN General Assembly

1994 ◽  
Vol 88 (2) ◽  
pp. 343-360
Author(s):  
Virginia Morris ◽  
M.-Christiane Bourloyannis-Vrailas

At the forty-eighth session of the General Assembly, the Sixth (Legal) Committee reviewed the annual reports of the International Law Commission (ILC), the United Nations Commission on International Trade Law (UNCITRAL), the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization (Special Committee), and the Committee on Relations with the Host Country (Host Country Committee). The Sixth Committee also considered proposals for two new legal instruments relating to (1) the jurisdictional immunities of states and their property, and (2) the safety and security of United Nations personnel. Other items covered by the committee included a proposal to request an advisory opinion from the International Court of Justice on questions regarding extraterritorial jurisdiction, as well as topics concerning international terrorism, economic relations, procedural aspects of the United Nations Administrative Tribunal and the United Nations Decade of International Law (Decade).

1997 ◽  
Vol 91 (3) ◽  
pp. 542-554
Author(s):  
Virginia Morris ◽  
M.-Christiane Bourloyannis-Vrailas

At the fifty-first session of the General Assembly, the Sixth (Legal) Committee reviewed the annual reports of the International Law Commission (ILC), the United Nations Commission on International Trade Law (UNCITRAL), the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization (Special Committee) and the Committee on Relations with the Host Country (Host Country Committee). The Sixth Committee also considered proposals for two new legal instruments relating to (1) the establishment of a permanent international criminal court, and (2) the non-navigational uses of international watercourses, as well as other topics concerning international terrorism, international humanitarian law, diplomatic and consular law, the United Nations internal justice system, the United Nations Decade of International Law (Decade) and the “New International Economic Order.” The topics are discussed in the order in which they were considered by the committee.


1998 ◽  
Vol 92 (3) ◽  
pp. 568-576
Author(s):  
Virginia Morris ◽  
M.-Christiane Bourloyannis-Vrailas

At the fifty-second session of the General Assembly, the Sixth (Legal) Committee reviewed the annual reports of the International Law Commission (ILC), the United Nations Commission on International Trade Law (UNCITRAL), the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization (Special Committee) and the Committee on Relations with the Host Country (Host Country Committee). The Sixth Committee also considered proposals for three new legal instruments relating to (1) the establishment of a permanent international criminal court, (2) international terrorism and (3) jurisdictional immunities of states and their property, as well as other topics concerning the United Nations internal justice system, the United Nations Decade of International Law (Decade) and the United Nations Programme of Assistance in the Teaching, Study, Dissemination and Wider Appreciation of International Law. The topics are discussed in the order in which they were considered by the committee.


1993 ◽  
Vol 87 (2) ◽  
pp. 306-323 ◽  
Author(s):  
Virginia Morris ◽  
M. Christiane Bourloyannis

At the forty-seventh session of the General Assembly, the Sixth Committee1reviewed the annual reports of the International Law Commission (ILC), the United Nations Commission on International Trade Law (UNCITRAL), the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization (Charter Committee), and the Committee on Relations with the Host Country. The Sixth Committee also considered proposals for new legal instruments relating to some aspects of sovereign immunity, consular functions, the diplomatic courier and bag, and environmental protection in wartime; a proposal to request an advisory opinion from the International Court of Justice on questions relating to extraterritorial jurisdiction; and aspects of such other topics as national liberation movements, humanitarian law, protection of diplomats, and the United Nations Decade of International Law.


1971 ◽  
Vol 65 (5) ◽  
pp. 713-735 ◽  
Author(s):  
Robert Rosenstock

In 1963 the United Nations General Assembly established the Special Committee on Principles of International Law Concerning Friendly Relations and Co-operation among States in Accordance with the Charter of the United Nations1 and instructed it to consider the following principles


Author(s):  
Wouters Jan ◽  
Odermatt Jed

The International Court of Justice’s 1962 Advisory Opinion Certain Expenses of the United Nations relates to a relatively narrow legal question. The Court was asked to decide whether expenses authoriszed by the UN General Assembly relating to peacekeeping missions constituted ‘expenses of the organization’ according to art. 17(2) of the UN Charter. In deciding this question, the Court elaborates on some important issues for international law and the law of international organizations including the doctrine of implied powers, treaty interpretation in the context of the UN Charter, the doctrine of ultra vires, and the Court’s relationship with other UN organs. The opinion also has consequences for the UN General Assembly, including its role in the system of collective security, its budgetary powers, and its relationship with the UN Security Council. The chapter not only examines the Court’s reasoning but also discusses the wider significance of the case for international law.


2010 ◽  
Vol 11 (7-8) ◽  
pp. 867-880 ◽  
Author(s):  
Robert Muharremi

On 22 July 2010, the International Court of Justice (hereinafter the “ICJ”) delivered its advisory opinion on the accordance with international law of the unilateral declaration of independence in respect of Kosovo. The ICJ concluded that the declaration of independence dated 17 February 2008 did not violate any applicable rule of international law consisting of general international law, UNSC resolution 1244 (1999) (hereinafter the “Resolution 1244”) and the Constitutional Framework for Provisional Self-Government in Kosovo (hereinafter the “Constitutional Framework”). The ICJ delivered the advisory opinion in response to a question set out in resolution 63/3 dated 8 October 2008 of the General Assembly of the United Nations Organization (hereinafter the “General Assembly”), which asked if “the unilateral declaration of independence by the Provisional Institutions of Self-Government of Kosovo is in accordance with international law.”


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.


1997 ◽  
Vol 10 (3) ◽  
pp. 501-508 ◽  
Author(s):  
Malgosia Fitzmaurice

On 11 April 1997, the text of the Convention on the Law of the Non-Navigational Uses of International Watercourses was presented by the Working Group of the Whole (WG) of the United Nations General Assembly Sixth Committee to the United Nations General Assembly (UNGA). This Convention is based on the 1994 Draft Articles on the same topic prepared by the International Law Commission (ILC). These Draft Articles were approved on second reading by the ILC during its 46th session in 1994 and subsequently submitted to the 49th session of the UNGA in 1994 for consideration by states. By its Resolution 49/52, the UNGA invited states to present written submissions to comment on the Draft Articles and at the same time it proposed that a working group on the whole of the UNGA Sixth Committee be established to convene during the 51st session of UNGA (September-December 1996) to elaborate the text for a convention. During its first session, the WG did not manage to accomplish this task. The final text submitted to the UNGA on 11 April 1997 was the result of the second session of the WG which had deliberated during the period from 24 March to 4 April 1997.


2011 ◽  
Vol 60 (3) ◽  
pp. 799-810 ◽  
Author(s):  
Dov Jacobs

‘Is the unilateral declaration of independence by the Provisional Institutions of Self-Government of Kosovo in accordance with international law?’ It is to answer this question that the General Assembly of the United Nations (‘UNGA’) requested an advisory opinion of the International Court of Justice (‘ICJ’). The request, adopted in October 20081 and initially sponsored by Serbia, was triggered by the declaration of independence of Kosovo issued on the 17 February 2008.2 Some two years later, on the 22 July 2010, the ICJ delivered its Advisory Opinion.3 By a 10–4 vote, the ICJ found that the declaration of independence of Kosovo did not violate international law.


1967 ◽  
Vol 61 (3) ◽  
pp. 703-736 ◽  
Author(s):  
Piet-Hein Houben

Since the very beginning of its existence the United Nations, like the League of Nations before it, has experienced how difficult it is to define the scope of the most general and fundamental principles of international law in a declaration of legal significance. Today this is still the case, as appears from the efforts undertaken since the establishment four years ago of a United Nations Special Committee, which was given the task of studying in what way and to what extent the primary principles of international law contained in the Charter could yield rules adapted to the changed world situation. Before considering in detail the most recent proceedings of the Special Committee, it seems useful briefly to recall the context within which the Committee started its work.


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