Recalibrating the Conception of Codification in the Changing Landscape of International Law

Abstract

A decade earlier, a no less enthusiastic assessment (“the most remarkable achievements yet known in the field of the progressive development and codification of international law”) was made by another eminent authority.2 On the seventieth anniversary of the establishment of the International Law Commission, one can readily agree to these opinions. Having said this, it is also true that one hears of “a deepseated uncertainty about the contemporary role of the Commission”.3 About a decade ago, a former member of the Commission wrote an article entitled “The International Law Commission – An Outdated Institution?”.4 In this contribution, written on the occasion of the seventieth anniversary of the Commission, I will try to address some questions concerning the proper role and status of the Commission and venture a few suggestions.