Statement by James Kingston, Legal Adviser, Foreign Affairs, Sixth Committee, UN General Assembly, 65th Session, 28 October 2010, Report of the International Law Commission, 'Protection of persons in the event of disaster' : Protection of persons in the event of disaster

2015 ◽  
Keyword(s):  
International Law ◽  
Foreign Affairs ◽  
General Assembly ◽  
Legal Adviser ◽  
Un General Assembly ◽  
Disaster Protection ◽  
International Law Commission ◽  
Law Commission

The Work of the International Law Commission, 2007–2011: Progress and Prospects

2012 ◽  
Vol 106 (2) ◽  
pp. 322-340 ◽  
Author(s):  
Donald McRae
Keyword(s):  
International Law ◽  
International Organizations ◽  
Armed Conflicts ◽  
General Assembly ◽  
Un General Assembly ◽  
The Law ◽  
International Law Commission ◽  
Transboundary Aquifers ◽  
Law Commission ◽  
The Way

On November 17, 2011, the UN General Assembly elected the members of the International Law Commission for the next five years. In the course of the quinquennium that was completed in August 2011 with the end of the sixty-third session, the Commission concluded four major topics on its agenda: the law of transboundary aquifers, the responsibility of international organizations, the effect of armed conflicts on treaties, and reservations to treaties. It was by any standard a substantial output. The beginning of a new quinquennium now provides an opportunity to assess what the Commission has achieved, to consider the way it operates, and to reflect on what lies ahead for it.

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.

Part I Prologue, 2 The International Law Commission’s Work on the Obligation to Extradite or Prosecute (aut dedere aut judicare)

2018 ◽  
Author(s):  
Kittichaisaree Kriangsak
Keyword(s):  
International Law ◽  
Working Group ◽  
Legal Issues ◽  
General Assembly ◽  
Final Report ◽  
History Of ◽  
Un General Assembly ◽  
International Law Commission ◽  
Law Commission

This chapter explains the work by the UN International Law Commission on the topic ‘Obligation to extradite or prosecute (aut dedere aut judicare)’ from 2006 to 2014, culminating in the Final Report of the Commission on this topic which was taken note of by the UN General Assembly in 2014. All the legal issues relevant to the obligation are identified and, where appropriate, analysed. The drafting history of the Report by the Working Group under the present author's chairmanship is elucidated in details — and this is the only place where this drafting history can be found.

3 Modern Reparation Doctrine in International Law and Investment Treaty Arbitration

2011 ◽  
Author(s):  
Sabahi Borzu
Keyword(s):  
International Law ◽  
20Th Century ◽  
International Justice ◽  
General Assembly ◽  
Investment Treaty ◽  
Investment Arbitration ◽  
Un General Assembly ◽  
International Law Commission ◽  
Law Commission ◽  
Investment Treaty Arbitration

This chapter traces the doctrine of reparation in contemporary international law and, in particular, in investment treaty arbitration. It discusses in detail the two significant developments which mark the evolution of the doctrine of reparation during the 20th century: the decision of the Permanent Court of International Justice in the Factory at Chorzów case, and the work of the International Law Commission (ILC) on the law governing the responsibility of States for internationally wrongful acts, which culminated in draft articles adopted by the UN General Assembly and recommended to States. It examines the application in investment arbitration of the principles of reparation found in these two sources, and discusses certain fundamental concepts relating to reparation and their pertinence to the particular nature of investment treaty arbitration, particularly the concept of the ‘hypothetical position’.

The Draft Articles on the Law of Transboundary Aquifers: The Process at the UN ILC

2011 ◽  
Vol 13 (3) ◽  
pp. 223-235 ◽  
Author(s):  
Raya Marina Stephan
Keyword(s):  
Natural Resources ◽  
International Law ◽  
Oil And Gas ◽  
General Assembly ◽  
Proper Management ◽  
Un General Assembly ◽  
The Law ◽  
International Law Commission ◽  
Transboundary Aquifers ◽  
Law Commission

AbstractIn 2002, the UN International Law Commission added to its program of work the topic of Shared Natural Resources: transboundary groundwater, oil and gas. Six years later, the UN ILC completed its work on the first sub-topic by adopting at second reading nineteen draft articles on the law of transboundary aquifers. The draft articles were then deferred to the UN General Assembly, which adopted Resolution A/RES/63/124 including the draft articles in annex. In the Resolution, the UN GA “encourages the States concerned to make appropriate bilateral or regional arrangements for the proper management of their transboundary aquifers, taking into account the provisions of these draft articles”.The paper will go through the main principles codified in the draft articles. The UN ILC had benefited from a unique cooperation on the science of hydrogeology from UNESCO’s International Hydrological Program; hence it considered and covered issues of main importance for hydrogeologists.

General Principles of Law: The First Debate within the International Law Commission and the Sixth Committee

2020 ◽  
Vol 19 (1) ◽  
pp. 157-172
Author(s):  
Marcelo Vázquez-Bermúdez ◽  
Alfredo Crosato
Keyword(s):  
International Law ◽  
Present Article ◽  
International Organizations ◽  
General Assembly ◽  
Key Issues ◽  
Un General Assembly ◽  
General Principles Of Law ◽  
International Law Commission ◽  
Shed Light ◽  
Law Commission

Abstract Continuing its work on the sources of international law, the International Law Commission decided, at its seventieth session, to include the topic “General principles of law” in its current programme of work. By taking up the topic, the Commission aims to shed light on various aspects of this source and provide guidance to States, international organizations, courts and tribunals and all others that may be called upon to deal with general principles of law. The present article provides an overview of the first debate on the topic that took place within the International Law Commission and the Sixth (Legal) Committee of the UN General Assembly in 2019, focusing on certain key issues that will be central to the treatment of the topic.

Status of Forces under the UN Convention on State Immunity

2006 ◽  
Vol 55 (2) ◽  
pp. 427-436 ◽  
Author(s):  
Andrew Dickinson
Keyword(s):  
United Nations ◽  
International Law ◽  
Ad Hoc ◽  
General Assembly ◽  
State Immunity ◽  
Deep Appreciation ◽  
Un General Assembly ◽  
United Nations Convention ◽  
International Law Commission ◽  
Law Commission

The United Nations Convention on Jurisdictional Immunities of States and Their Property was adopted by the UN General Assembly on 2 December 2004.1 The General Assembly recorded, in the first paragraph of its resolution adopting the Convention, its ‘deep appreciation to the International Law Commission and the Ad Hoc Committee on jurisdictional Immunities of States and their Property for their valuable work on the law of jurisdictional immunities of States and their property’. Whatever view one takes as to the merits of the Convention text or the prospects of its success,2 it cannot be doubted that this acknowledgment was well deserved—it is, if anything, an understatement to describe the conclusion of a detailed international instrument on state immunity, embodying the restrictive theory of immunity, as a ‘diplomatic triumph’.

The Underdeveloped Nations and the Development of International Law

1961 ◽  
Vol 15 (1) ◽  
pp. 38-48 ◽  
Author(s):  
Jorge Castañeda
Keyword(s):  
International Law ◽  
Creative Process ◽  
General Assembly ◽  
Progressive Development ◽  
General Terms ◽  
Un General Assembly ◽  
International Law Commission ◽  
International Conventions ◽  
Law Commission

One of the responsibilities of the UN General Assembly is to encourage the progressive development and codification of international law. One method it may use in discharging diis responsibility is the convening of conferences to draft international conventions for submission to governments. The International Law Commission, a subsidiary organ of the Assembly, draws up draft treaties which may be utilized as working documents at such conferences. This method does not differ fundamentally from die normal procedures of creating international law, since, in substance, it involves die drafting and signing of treaties. However, the General Assembly has, at least potentially, other means (the study of which is die subject of this article), which have not been fully utilized and die use of which would perhaps permit a liberalization of the creative process of developing and codifying international law. Here we shall examine, in general terms, only one of tiiese, i.e., die possibilities and limitations of purely declarative codes of customary rules adopted by the General Assembly as means of discharging that organ's responsibilities.

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