The Fifty-Second Session of the International Law Commission

2001 ◽  
Vol 95 (1) ◽  
pp. 221-226
Author(s):  
Robert Rosenstock
Keyword(s):  
International Law ◽  
Islamic Republic ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
Islamic Republic Of Iran ◽  
International Law Commission ◽  
Law Commission

The International Law Commission held its fifty-second session in Geneva from May 1 to June 9, 2000, and from July 10 to August 18, 2000, under the chairmanship of Ambassador Chusei Yamada of Japan. The Commission elected Professor Djamchid Momtaz of the Islamic Republic of Iran and Kamil E. Idris of Sudan to fill the vacancies left by the death of Doudou Thiam of Senegal and the election of Awn Al-Khasawneh of Jordan to the International Court of Justice.

scholarly journals The Process of International Law— Making: The Relationship Between the International Court of Justice and the International Law Commission

2015 ◽  
Vol 15 (1) ◽  
pp. 7-57 ◽  
Author(s):  
Marija Đorđeska
Keyword(s):  
International Law ◽  
International Court Of Justice ◽  
Customary International Law ◽  
Court Of Justice ◽  
International Court ◽  
The Icj ◽  
International Law Commission ◽  
The Relationship ◽  
Law Making ◽  
Law Commission

Abstract Article 38, para.1, of the Statute of the International Court of Justice (ICJ) defines customary international law as evidence of general practice accepted as law, understood as State practice and opinio juris. However, by identifying certain norms as an international custom without referring to the traditional evidence of State practice and opinio juris, international courts and tribunals are contributing to the formation of customary international law. This paper presents an analysis of how the International Court of Justice contributes to the formation of customary international law by relying on the draft articles of the International Law Commission (ILC). Th e International Court of Justice, in “deciding in accordance with international law”, also authoritatively declares what the current international law is, while the International Law Commission, although constituted of highly qualified publicists from various States, is drafting only non-binding international instruments. By relying on the ILC draft articles and declaring them to be reflecting customary international law-although the draft articles may not be necessary the expression of the States’ practice and their opinio juris, the ICJ creates and generates the creation of customary international law. Interestingly, the ICJ tends to rely mostly on ILC draft articles that refer to the jurisprudence of either the Permanent Court of International Justice (“PCIJ”) or the ICJ itself. Th e paper presents research of approximately 70 ICJ decisions and individual opinions that cite to the work of the ILC. The author notes the evolution of the relationship between the ICJ and the ILC through three different time periods, and presents the findings on how, when and why the ICJ relies on the ILC draft articles. In addition, the author gives examples in which the ICJ rejected the reliance on the ILC’s work, mainly due to the divergent interpretation on the specific area of international law. The ICJ, by relying on the ILC draft articles that in turn refer to the jurisprudence of the ICJ or PCIJ, is not only generating norms of customary international law, but is also reaffirming the importance of its (and PCIJ’s) jurisprudence for the future of international law. Although ICJ decisions are binding only between the parties to the dispute (Art.59 ICJ Statute), the clarification of whether a norm is customary or not, affects the international community of States. Noting the present reluctance of States to adopt treaties, and- hence their potentially decreasing role in international law-making, this research offers an insight into an alternative venue of international law-making. As the international community, and the ILC itself, is regaining interest in the sources of international law, this paper aims to identify the mechanisms of international law-making, the understanding of which will contribute to international law’s needed predictability and a more uniform and reliable interpretation of international law.

Elections to the International Court of Justice and the International Law Commission

1992 ◽  
Vol 86 (1) ◽  
pp. 173-173
Keyword(s):  
International Law ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
International Law Commission ◽  
Law Commission

An election was held on December 5, 1991, to fill the casual vacancy on the International Court of Justice that resulted from the death of Judge T. O. Elias of Nigeria. Bola Adesumbo Ajibola, also of Nigeria, was elected to complete Judge Elias’s term for a two-year period from January 1992.

Review of the Rôle of the International Court of Justice

1972 ◽  
Vol 66 (3) ◽  
pp. 479-490 ◽  
Author(s):  
Leo Gross
Keyword(s):  
United Nations ◽  
International Law ◽  
International Court Of Justice ◽  
Progressive Development ◽  
Court Of Justice ◽  
International Court ◽  
Substantive Law ◽  
International Law Commission ◽  
Law Commission

The stagnation in the functioning of the International Court of Justice is only one of several indicators of the neglect by Members of the United Nations of the development and modernization of adjective law. There has been gratifying progress in the codification and progressive development of substantive law through the International Law Commission and other bodies, but substantive law without an adequate adjective law is bound to lack in effectiveness and uniform and predictable application.

IV. OIL PLATFORMS (ISLAMIC REPUBLIC OF IRAN v UNITED STATES OF AMERICA), MERITS, JUDGMENT OF 6 NOVEMBER 2003

2004 ◽  
Vol 53 (3) ◽  
pp. 753-761 ◽  
Author(s):  
Alexander Orakhelashvili
Keyword(s):  
International Law ◽  
United States Of America ◽  
Islamic Republic ◽  
International Court Of Justice ◽  
Oil Platforms ◽  
Court Of Justice ◽  
International Court ◽  
Islamic Republic Of Iran ◽  
Treaty Interpretation ◽  
The Persian Gulf

On 6 November 2003 the International Court of Justice delivered its judgment in the Case Concerning Oil Platforms,1 which involves multiple aspects of international law, most notably the issues of treaty interpretation, use of force, hierarchy of norms and the nature of international judicial competence. The case arose out of forcible action by US naval forces in the Persian Gulf against certain Iranian oil platforms.

Institut de Droit International: Session of Nice, 1967

1968 ◽  
Vol 62 (2) ◽  
pp. 435-439
Keyword(s):  
International Law ◽  
Vice President ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
Droit International ◽  
International Law Commission ◽  
Law Commission

The fifty-third session of the Institut de Droit International, originally scheduled to meet in Athens under the presidency of Judge Jean Spiro-poulos, met instead at Nice, September 7-16, 1967, with Haroldo Valladão, First Vice President of the Institut, in the chair. The session was well attended and included, among the eighty-five participants, the Honorary President, Charles De Visscher, eight judges of the International Court of Justice and eighteen members or former members of the International Law Commission.

The International Law Commission

1966 ◽  
Vol 4 ◽  
pp. 64-80 ◽  
Author(s):  
A. E. Gotlieb
Keyword(s):  
United Nations ◽  
International Law ◽  
General Scheme ◽  
General Assembly ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
The United Nations ◽  
International Law Commission ◽  
Law Commission

One of the principal achievements of the United Nations is its work in codifying and developing international law. The International Law Commission, created in 1949, a subsidiary organ of the General Assembly, is the chief agency of the United Nations for achieving these tasks. The Chairman of the Commission at its sixteenth session, Professor Roberto Ago of Italy, stated in the Commission on July 16, 1964, that if the codification work which was now taking place in that body could be completed and accepted by states, progress would have been made without precedent since the time of Grotius.So well-established has the International Law Commission become on the international scene that it is almost surprising to recall that the existence of this body rests, not on any specific wording of the United Nations Charter calling for the creation of such a body of experts, but on the general phraseology of Article 13 of the Charter which provides that “the General Assembly shall initiate studies and make recommendations for the purpose of: (a) promoting … and encouraging the progressive development of international law and its codification.” In the space of seventeen years the International Law Commission has achieved widespread recognition for the high quality of its work; it would be no exaggeration to say that it has come to be regarded as rivaling in importance the work of the International Court of Justice. As “the principal judicial organ of the United Nations,” as successor to the Permanent Court of Justice — a new feature of international institutions in the modern era — and as the highest international judicial tribunal, the International Court of Justice is regarded, in the general scheme of the Charter, as an exceptionally prestigious body.

scholarly journals THE INFLUENCE OF TEACHINGS OF PUBLICISTS ON THE DEVELOPMENT OF INTERNATIONAL LAW

2016 ◽  
Vol 66 (1) ◽  
pp. 1-37 ◽  
Author(s):  
Sandesh Sivakumaran
Keyword(s):  
International Law ◽  
Journal Articles ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
Different Types ◽  
Droit International ◽  
International Law Commission ◽  
Law Commission

AbstractThis article considers the influence of teachings of publicists on the development of international law. The category of ‘teachings of publicists’ is not a homogeneous one. The article argues that it can be divided into: entities that have been empowered by States to conclude teachings, such as the International Law Commission; expert groups, such as the Institut de Droit International; and ‘ordinary’ publicists. The teachings of ordinary publicists are also of different types and include digests, treatises, textbooks, monographs, journal articles, and blog posts. Only by breaking down the category into its various types can the influence of the teaching of publicists on the development of international law be properly gauged. Even then, it can prove rather difficult to pin down the notion of ‘influence’. Standard assessments of influence focus on the extent to which teachings are cited by courts and tribunals, in particular by the International Court of Justice. However, that approach privileges the role of courts and tribunals in the development of international law and overlooks the role of other actors. As such, the present article offers a different assessment of influence. It identifies the actors that comprise the community of international lawyers and analyses the various interactions that take place between these actors and the teachings of publicists. It is through this interaction, of which citation is but part, that the influence of the teachings of publicists can properly be determined.

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