The Draft Declaration on Rights and Duties of States

1950 ◽  
Vol 44 (2) ◽  
pp. 259-276 ◽  
Author(s):  
Hans Kelsen
Keyword(s):  
International Law ◽  
General Assembly ◽  
Legal Nature ◽  
International Law Commission ◽  
Law Commission

The International Law Commission, established by resolution 174 (II) of the General Assembly (November 21, 1947), has prepared a draft Declaration on Rights and Duties of States, in conformity with resolution 178 (II) of the General Assembly (November 21, 1947). The first question which arises concerns the legal nature of this Declaration. The draft Declaration was drawn up by the Commission as the text of a resolution to be adopted by the General Assembly.

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.

Visits to the ICRC

1990 ◽  
Vol 30 (277) ◽  
pp. 345-346
Keyword(s):  
International Law ◽  
International Criminal ◽  
War Crimes ◽  
Criminal Court ◽  
General Assembly ◽  
United Nations General ◽  
Peace And Security ◽  
United Nations General Assembly ◽  
International Law Commission ◽  
Law Commission

• ICRC President Comelio Sommaruga received the members of the International Law Commission (ILC) at ICRC headquarters on 7 June 1990.The Commission is a subsidiary body of the United Nations General Assembly. Its 34 members are elected from among the most eminent representatives of the world's different legal systems. The Commission is entrusted with the task of promoting the codification and development of international law. It is currently working on the codification of offences against the peace and security of mankind (which include war crimes) and the setting up of an international criminal court.

scholarly journals The International Law Commission Adopts Draft Articles on International Watercourses

1995 ◽  
Vol 89 (2) ◽  
pp. 395-404 ◽  
Author(s):  
Stephen C. McCaffrey
Keyword(s):  
Ground Water ◽  
International Law ◽  
General Assembly ◽  
International Conference ◽  
Complete Set ◽  
The Law ◽  
International Law Commission ◽  
Law Commission

At its 1994 session, the International Law Commission (ILC) completed the final adoption (“second reading”) of a complete set of thirty-three draft articles on the law of the non-navigational uses of international watercourses, together with a resolution on transboundary confined ground water. The Commission submitted the draft articles and the resolution to the General Assembly and recommended that a convention on international watercourses be elaborated by the Assembly or by an international conference of plenipotentiaries on the basis of the Commission’s draft.

International Responsibility

2021 ◽  
pp. 176-207
Author(s):  
Lorenzo Gasbarri
Keyword(s):  
International Law ◽  
International Organizations ◽  
International Organization ◽  
Member States ◽  
Legal Nature ◽  
International Responsibility ◽  
International Law Commission ◽  
Final Consequence ◽  
Law Commission

The final consequence of the dual legal nature discussed in the book concerns the international responsibility of international organizations. In particular, this chapter describes how the absence of a common conceptualization affected the work of the International Law Commission, the International Law Institute, and the International Law Association. Afterwards, the chapter focuses on the dual attribution of conduct to an international organization and to its member states. It contends that dual attribution is extremely important in practice and it reviews the cases in which it was at issue. After providing a set of principles on how to apply the dual attribution, it distinguishes between three sets of circumstances: dual attribution via institutional links, dual attribution via factual links, and exclusion of dual attribution when the conduct is attributable to only the organization or its member states. Finally, it discusses the effects of dual attribution in terms of joint responsibility.

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.

scholarly journals The Requisite Rigour in the Identification of Customary International Law

2017 ◽  
Vol 19 (1) ◽  
pp. 9-46 ◽  
Author(s):  
Noora Arajärvi
Keyword(s):  
United Nations ◽  
International Law ◽  
General Assembly ◽  
Special Rapporteur ◽  
Customary International Law ◽  
United Nations General ◽  
United Nations General Assembly ◽  
International Law Commission ◽  
Law Commission

Over the last few decades, the methodology for the identification of customary international law (cil) has been changing. Both elements of cil – practice and opinio juris – have assumed novel and broader forms, as noted in the Reports of the Special Rapporteur of the International Law Commission (2013, 2014, 2015, 2016). This contribution discusses these Reports and the draft conclusions, and reaction by States in the Sixth Committee of the United Nations General Assembly (unga), highlighting the areas of consensus and contestation. This ties to the analysis of the main doctrinal positions, with special attention being given to the two elements of cil, and the role of the unga resolutions. The underlying motivation is to assess the real or perceived crisis of cil, and the author develops the broader argument maintaining that in order to retain unity within international law, the internal limits of cil must be carefully asserted.

The Geneva Conference on the Law of the Sea and the Right of Innocent Passage through the Gulf of Aqaba

1959 ◽  
Vol 53 (3) ◽  
pp. 564-594 ◽  
Author(s):  
Leo Gross
Keyword(s):  
International Law ◽  
Legal Status ◽  
Law Of The Sea ◽  
Gulf Of Aqaba ◽  
General Assembly ◽  
The Law ◽  
The Right ◽  
Geneva Conference ◽  
International Law Commission ◽  
Law Commission

Since the United Nations Emergency Force moved in and occupied the heights overlooking the Straits of Tiran, the Gulf of Aqaba has been quiet. Ships, including Israel flag ships, move freely in and out. The right of passage claimed by Israel and other states was discussed in the Security Council in 1954, in the International Law Commission in 1956, in the General Assembly in 1956-57, and again at the Geneva Conference on the Law of the Sea February 24-April 27, 1958, and will be analyzed here. It should be stated at the outset that Israel's boundaries, including the strip at the northern end of the Gulf of Aqaba, are not an issue here. Nor is the Arab claim that a state of war continues to exist pertinent in determining the legal status of the Gulf and the Straits, although it obviously has some bearing on the availability to Israel of the right of “innocent” passage.

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