Pub Date : 2020-10-22DOI: 10.1163/9789004434271_012
{"title":"Presentation by Hussein A. Hassouna","authors":"","doi":"10.1163/9789004434271_012","DOIUrl":"https://doi.org/10.1163/9789004434271_012","url":null,"abstract":"","PeriodicalId":219261,"journal":{"name":"Seventy Years of the International Law Commission","volume":"196 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-10-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129964379","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-10-22DOI: 10.1163/9789004434271_030
{"title":"Opening Remarks by Djamchid Momtaz","authors":"","doi":"10.1163/9789004434271_030","DOIUrl":"https://doi.org/10.1163/9789004434271_030","url":null,"abstract":"","PeriodicalId":219261,"journal":{"name":"Seventy Years of the International Law Commission","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-10-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124646478","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-10-22DOI: 10.1163/9789004434271_024
Ineta Ziemele
The question in the title of this article was suggested by the organizers of the International Law Commission’s seventieth anniversary seminar. Before addressing the question, that is looking at the codification and development of international law, it is necessary to reflect on a broader issue relating to the functions of the Commission at a time marked by the plurality of actors on the international stage, their growing interdependence and the fact that these processes called globalization “seem to be beyond the control of even the most economically and militarily powerful States”.1 International lawmaking is clearly no longer the exclusive competence of States,2 but the Commission continues to emphasize the primary role of States. Furthermore, it must be recognized that State consent is not a single given act; it is part of a complex process of interactions. Placed within the new context of lawmaking, this view of State consent as a process accepts in some manner the plurality of actors and their influence on States. The question of the content and purpose of the International Law Commission’s functions, i.e., of the role of the Commission today, has to be reviewed within this new context of international lawmaking and the results of this review should consistently be taken into account.
{"title":"The Functions of the International Law Commission: Identifying Existing Law or Proposing New Law?","authors":"Ineta Ziemele","doi":"10.1163/9789004434271_024","DOIUrl":"https://doi.org/10.1163/9789004434271_024","url":null,"abstract":"The question in the title of this article was suggested by the organizers of the International Law Commission’s seventieth anniversary seminar. Before addressing the question, that is looking at the codification and development of international law, it is necessary to reflect on a broader issue relating to the functions of the Commission at a time marked by the plurality of actors on the international stage, their growing interdependence and the fact that these processes called globalization “seem to be beyond the control of even the most economically and militarily powerful States”.1 International lawmaking is clearly no longer the exclusive competence of States,2 but the Commission continues to emphasize the primary role of States. Furthermore, it must be recognized that State consent is not a single given act; it is part of a complex process of interactions. Placed within the new context of lawmaking, this view of State consent as a process accepts in some manner the plurality of actors and their influence on States. The question of the content and purpose of the International Law Commission’s functions, i.e., of the role of the Commission today, has to be reviewed within this new context of international lawmaking and the results of this review should consistently be taken into account.","PeriodicalId":219261,"journal":{"name":"Seventy Years of the International Law Commission","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-10-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130265518","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-10-22DOI: 10.1163/9789004434271_023
Y. Chen
The United Nations International Law Commission, an institution entrusted with the responsibility to codify and progressively develop international law,1 continues to play a pivotal role in the international legal process. Challenges and doubts notwithstanding,2 the Commission has proved itself as a pertinent contributor to the international lawmaking process over the course of the past seventy years. The past decade has witnessed the reinvigoration of the International Law Commission, both institutionally and intellectually. In terms of its legislative functions, the Commission has been actively expanding its working territory. The Commission has not only continued to address traditional topics primarily in public international law, in accordance with paragraph 2 of article 1 of its statute,3 such as customary international law, the law of treaties, and jus cogens, but also started considering more specialized fields of international law, as seen in the agenda items “Protection of atmosphere”, “Protection of the environment in relation to armed conflicts”, “Crimes against humanity” and others.4 The International Law Commission is imbued with a renewed confidence to take up topics “that reflect new developments in international law and pressing concerns of the international community as a whole”.5 The intellectual reinvigoration of the Commission has also led to the diversity in the forms of the final products of the Commission. The Commission
{"title":"Between Codification and Legislation: a Role for the International Law Commission as an Autonomous Law-Maker","authors":"Y. Chen","doi":"10.1163/9789004434271_023","DOIUrl":"https://doi.org/10.1163/9789004434271_023","url":null,"abstract":"The United Nations International Law Commission, an institution entrusted with the responsibility to codify and progressively develop international law,1 continues to play a pivotal role in the international legal process. Challenges and doubts notwithstanding,2 the Commission has proved itself as a pertinent contributor to the international lawmaking process over the course of the past seventy years. The past decade has witnessed the reinvigoration of the International Law Commission, both institutionally and intellectually. In terms of its legislative functions, the Commission has been actively expanding its working territory. The Commission has not only continued to address traditional topics primarily in public international law, in accordance with paragraph 2 of article 1 of its statute,3 such as customary international law, the law of treaties, and jus cogens, but also started considering more specialized fields of international law, as seen in the agenda items “Protection of atmosphere”, “Protection of the environment in relation to armed conflicts”, “Crimes against humanity” and others.4 The International Law Commission is imbued with a renewed confidence to take up topics “that reflect new developments in international law and pressing concerns of the international community as a whole”.5 The intellectual reinvigoration of the Commission has also led to the diversity in the forms of the final products of the Commission. The Commission","PeriodicalId":219261,"journal":{"name":"Seventy Years of the International Law Commission","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-10-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131906321","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-10-22DOI: 10.1163/9789004434271_037
{"title":"Statement by Miguel de Serpa Soares","authors":"","doi":"10.1163/9789004434271_037","DOIUrl":"https://doi.org/10.1163/9789004434271_037","url":null,"abstract":"","PeriodicalId":219261,"journal":{"name":"Seventy Years of the International Law Commission","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-10-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124864459","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-10-22DOI: 10.1163/9789004434271_032
The legal and political world order established after the Second World War envisaged a multilateral arena where States could have more interaction than in the past. International law aspired to deal with a larger field of objects in the relations among States. It also saw the end of the colonial world and, thus, an increase in the number of States. Soon after this new order’s implementation, the question of the new subjects and their international legal capacity became an issue. The enlargement of the field of the objects of international law and the increasing number of States led to the conclusion that there was a need for precise and universal rules, acceptable to all States, existing or yet to be created. The Charter of the United Nations acknowledged that feature of the emerging international community and in Article 13, paragraph 1 (a), provided that the only plenary body of the United Nations – the General Assembly – should “initiate studies and make recommendations for the purpose of promoting international cooperation in the political field and encouraging the progressive development of international law and its codification”. Consequently, in its resolution 174(ii), the General Assembly established the International Law Commission to give effect to this Charter provision, and it also offered a description of what constitutes progressive development and codification, respectively.1 Other colleagues have already addressed this issue in detail and with merit.2 What I would like to stress here is that, shortly after commencing its work, the International Law Commission realized that making the distinction between progressive development and codification was not easy, and as early as in 1956, the Commission gave up any pretence to be strict in that differentiation.3 In fact, as it was emphasized by SecretaryGeneral Dag Hammarskjöld, “[t] he reluctance of Governments to submit their controversies to judicial
{"title":"The Authority and the Membership of the Commission in the Future","authors":"","doi":"10.1163/9789004434271_032","DOIUrl":"https://doi.org/10.1163/9789004434271_032","url":null,"abstract":"The legal and political world order established after the Second World War envisaged a multilateral arena where States could have more interaction than in the past. International law aspired to deal with a larger field of objects in the relations among States. It also saw the end of the colonial world and, thus, an increase in the number of States. Soon after this new order’s implementation, the question of the new subjects and their international legal capacity became an issue. The enlargement of the field of the objects of international law and the increasing number of States led to the conclusion that there was a need for precise and universal rules, acceptable to all States, existing or yet to be created. The Charter of the United Nations acknowledged that feature of the emerging international community and in Article 13, paragraph 1 (a), provided that the only plenary body of the United Nations – the General Assembly – should “initiate studies and make recommendations for the purpose of promoting international cooperation in the political field and encouraging the progressive development of international law and its codification”. Consequently, in its resolution 174(ii), the General Assembly established the International Law Commission to give effect to this Charter provision, and it also offered a description of what constitutes progressive development and codification, respectively.1 Other colleagues have already addressed this issue in detail and with merit.2 What I would like to stress here is that, shortly after commencing its work, the International Law Commission realized that making the distinction between progressive development and codification was not easy, and as early as in 1956, the Commission gave up any pretence to be strict in that differentiation.3 In fact, as it was emphasized by SecretaryGeneral Dag Hammarskjöld, “[t] he reluctance of Governments to submit their controversies to judicial","PeriodicalId":219261,"journal":{"name":"Seventy Years of the International Law Commission","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-10-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124224880","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-10-22DOI: 10.1163/9789004434271_025
{"title":"Concluding Remarks by Sean D. Murphy","authors":"","doi":"10.1163/9789004434271_025","DOIUrl":"https://doi.org/10.1163/9789004434271_025","url":null,"abstract":"","PeriodicalId":219261,"journal":{"name":"Seventy Years of the International Law Commission","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-10-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125391891","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-10-22DOI: 10.1163/9789004434271_027
Hajer Gueldich
As is wellknown, efforts to systematically codify and develop international law have a long tradition, starting with Jeremy Bentham in 1789,1 and continued by numerous academic institutions, conferences and committees.2 The founders of the United Nations, in 1945, mandated the General Assembly to “initiate studies and make recommendations for the purpose [...] of encouraging the progressive development of international law and its codification”.3 Two years later, the General Assembly delegated this task to a body of independent experts, the International Law Commission.4 Today, this Commission can look back on – and continues to produce – an impressive body of work, covering most areas of international law. It is only natural that the Commission’s work would evolve with the legal system it operates in. Over the past 70 years, international law has undergone fundamental changes: it accommodated the tension of the Cold War, the emergence of newly independent States, and the establishment of a global economic order. Since the end of the 20th century, there has been an unprecedented expansion of international law, with a focus on international organizations, human rights, and the environment. The International Law Commission has adapted to these changes, for example by increasingly venturing into specialized areas of international law5 and elaborating “soft” instruments rather than draft treaties.6
{"title":"Challenges of Codification for the International Law Commission in a Changing Landscape of International Law","authors":"Hajer Gueldich","doi":"10.1163/9789004434271_027","DOIUrl":"https://doi.org/10.1163/9789004434271_027","url":null,"abstract":"As is wellknown, efforts to systematically codify and develop international law have a long tradition, starting with Jeremy Bentham in 1789,1 and continued by numerous academic institutions, conferences and committees.2 The founders of the United Nations, in 1945, mandated the General Assembly to “initiate studies and make recommendations for the purpose [...] of encouraging the progressive development of international law and its codification”.3 Two years later, the General Assembly delegated this task to a body of independent experts, the International Law Commission.4 Today, this Commission can look back on – and continues to produce – an impressive body of work, covering most areas of international law. It is only natural that the Commission’s work would evolve with the legal system it operates in. Over the past 70 years, international law has undergone fundamental changes: it accommodated the tension of the Cold War, the emergence of newly independent States, and the establishment of a global economic order. Since the end of the 20th century, there has been an unprecedented expansion of international law, with a focus on international organizations, human rights, and the environment. The International Law Commission has adapted to these changes, for example by increasingly venturing into specialized areas of international law5 and elaborating “soft” instruments rather than draft treaties.6","PeriodicalId":219261,"journal":{"name":"Seventy Years of the International Law Commission","volume":"83 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-10-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126408358","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-10-22DOI: 10.1163/9789004434271_036
{"title":"Statement by Miroslav Lajčák","authors":"","doi":"10.1163/9789004434271_036","DOIUrl":"https://doi.org/10.1163/9789004434271_036","url":null,"abstract":"","PeriodicalId":219261,"journal":{"name":"Seventy Years of the International Law Commission","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-10-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130441908","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-10-22DOI: 10.1163/9789004434271_039
{"title":"Déclaration de Jürg Lauber","authors":"","doi":"10.1163/9789004434271_039","DOIUrl":"https://doi.org/10.1163/9789004434271_039","url":null,"abstract":"","PeriodicalId":219261,"journal":{"name":"Seventy Years of the International Law Commission","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-10-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132847228","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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