L''tat FFddral Dans Les Travaux De La Commission Du Droit International Des Nations Unies (The Federal State in the Work of the International Law Commission)

2015 ◽  
Author(s):  
Charles-Emmanuel CCtt
Keyword(s):  
International Law ◽  
Federal State ◽  
Droit International ◽  
International Law Commission ◽  
Law Commission

The International Law Commission: Codification and Progressive Development after Forty Years

1988 ◽  
Vol 25 ◽  
pp. 355-368 ◽  
Author(s):  
D. M. McRae
Keyword(s):  
International Law ◽  
Progressive Development ◽  
Droit International ◽  
International Law Commission ◽  
Law Commission

SommaireLa Commission du droit international est maintenant à l'œuvre depuis quarante ans. À ses débuts, la Commission a très bien réussi, en effectuant le travail préparatoire aux conventions sur le droit de la mer, sur les relations diplomatiques et consulaires et sur le droit des traités. Depuis lors, les conventions résultant du travail de la Commission on été beaucoup plus controversées et n'ont pas reçu le même appui général. Le changement dans la nature des thèmes à l'étude par la Commission entraîne à l'heure actuelle une réévaluation du rôle et des méthodes de travail de la Commission. L'aspect de développement progressif du travail de la Commission occupe une place plus grande que par le passé et moins d'importance est maintenant accordée aux codifications de type traditionnel. Ceci suppose une redéfinition des objectifs de la Commission et signifie qu'un traité multilatéral n'est ni le seul ni le dénouement habituel du travail de la Commission. Les États doivent reconsidérer leur propre façon d'aborder le travail de la Commission et, en particulier, le rôle que pue la Sixième Commission en révisant chaque année le rapport de la Commission. Enfin, les membres de la Commission eux-mêmes doivent reconnaître que leur rôle dans le processus de création du droit international est devenu beaucoup plus créatif et beaucoup plus dynamique que la seule codification des pratiques ètiques concordantes.

Debating the Ouroboros of International Law: The Drafting History of Article 31(3)(c)

2007 ◽  
Vol 9 (1) ◽  
pp. 1-31 ◽  
Author(s):  
Panos Merkouris
Keyword(s):  
International Law ◽  
Present Status ◽  
Vienna Convention ◽  
History Of ◽  
The Law ◽  
Droit International ◽  
International Law Commission ◽  
Law Commission

AbstractThe Diversification and expansion of International Law has sparked a series of debates on the present status and future of International Law; even more so, since the ILC decided to tackle the issue of fragmentation. One of the areas of research and controversy has been Article 31(3)(c) of the Vienna Convention on the Law of Treaties which, arguably, enshrines the principle of systemic integration. The aim of this article is to explore the evolution of Article 31(3)(c) from its first inception by the forefathers of international law up to the finalization of the text of the Vienna Convention on the Law of Treaties. By mapping the critical arguments in the three main fora of debate (i.e the Institut de Droit International, the International Law Commission and the Vienna Conference on the Law of treaties) what arises is a series of conclusions with respect to certain aspects of Article 31(3)(c) as well as certain recurring themes in the nature and progress of the discussions. All of the above will show that the drafting history of Article 31(3)(c) seems to suggest that the relevant provision was meant to serve a purpose expressed more concisely by the symbol of Ouroboros rather than of a mere "master-key" to the house of International Law.

scholarly journals Treaty-Making Capacity of  Components of Federal States from the Perspective of the Works of the UN International Law Commission

2018 ◽  
Vol 5 (2) ◽  
pp. 9
Author(s):  
Karol Karski ◽  
Tomasz Kamiński
Keyword(s):  
International Law ◽  
Federal State ◽  
Vienna Convention ◽  
International Treaties ◽  
Federal States ◽  
The Subject ◽  
The Law ◽  
Formed Part ◽  
International Law Commission ◽  
Law Commission

The submitted paper concerns the treaty-making capacity of components of federal (non-unitary) states. As the division of powers in respect to the conclusion of international treaties between a federal state and its components is based on the provisions of internal federal law, the authors decided to start the consideration of the topic with the presentation of selected appropriate internal law regulations of federal states. Although the study concentrates on an analysis of Swiss and German constitutional rules on the subject, the provisions of i.a. Belgian, US and Canadian law are also commented upon. Therefore it apparently seems to be an important legal question.The treaty-making capacity of components of federal (non-unitary) states was comprehensively discussed during the International Law Commission preparatory works on the regulation on the law of treaties. The provisions dedicated to that issue formed part of the reports prepared by each of the ILC Special Rapporteurs on the subject. The paper presents the draft propositions submitted by them, the views of ILC members, and responses received from states.The final draft of ILC articles on the law of treaties contained a paragraph concerning the issue at stake (than art. 5 § 2 of the draft) stipulating that member states of a federal union may possess such capacity only if such capacity is admitted by the federal constitution and within the scope defined therein. Nevertheless, this issue was omitted in the 1969 Vienna Convention on Law of Treaties (VCLT). Art. 6 of the VCLT on the capacity of States to conclude treaties does not mention the rights of components of federal states. It consists of one paragraph simply stating that every State possesses the capacity to conclude treaties. And the term ‘state’ for the purposes of that regulation possesses the same meaning as i.a. in the Charter of the United Nations, that is a State for the purposes of international law, or a state in the international meaning of that term.This does not mean however that territorial units forming a part of a federal state cannot conclude international agreements. But, this issue depends both on the provisions of internal law of the given state and on the practice of the states recognising the potential rights of the components of the federal (non-unitary) states in respect to conclusion of the treaties.

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.

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.

On the Road to Vienna

2017 ◽  
Author(s):  
Kai Bruns
Keyword(s):  
Cold War ◽  
International Law ◽  
The Road ◽  
Progressive Development ◽  
History Of ◽  
On The Road ◽  
The Cold War ◽  
International Law Commission ◽  
Law Commission

This chapter focuses on the negotiations that preceded the 1961 Vienna Conference (which led to the conclusion of the VCDR). The author challenges the view that the successful codification was an obvious step and refers in this regard to a history of intense negotiation which spanned fifteen years. With particular reference to the International Law Commission (ILC), the chapter explores the difficult task faced by ILC members to strike a balance between the codification of existing practice and progressive development of diplomatic law. It reaches the finding that the ILC negotiations were crucial for the success of the Conference, but notes also that certain States supported a less-binding form of codification. The chapter also underlines the fact that many issues that had caused friction between the Cold War parties were settled during the preparatory meetings and remained largely untouched during the 1961 negotiations.

Approaches for Analysing Norm Relationships

2017 ◽  
Author(s):  
Henning Grosse Ruse-Khan
Keyword(s):  
Conflict Resolution ◽  
Intellectual Property ◽  
International Law ◽  
Structure Building ◽  
Analytical Structure ◽  
Rules And Principles ◽  
Logical Order ◽  
International Law Commission ◽  
Rule Systems ◽  
Law Commission

This chapter discusses conflict-resolution tools and develops an analytical structure building on rules and principles in international intellectual property (IP) treaties, other rule-systems, and general international law to define norm relationships of interpretation and of conflict. Several tools are taken from the ‘toolbox’ developed in the Fragmentation Report of the International Law Commission and other fragmentation literature. Depending on the type of relationship at stake, the most appropriate legal tools to address them may vary. The ILC Report and Conclusions provide for some of the tools and to some extent for an analytical structure, a logical order for examining these relationships. As the chapter shows, for some types of legal relations other approaches are more adequate. They hence complement the ILC principles and need to be integrated in the set of tools available.

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