Some Aspects of International Jus Cogens as Formulated by the International Law Commission

1967 ◽  
Vol 61 (4) ◽  
pp. 946-975 ◽  
Author(s):  
Egon Schwelb
Keyword(s):  
International Law ◽  
General Assembly ◽  
International Conference ◽  
Peremptory Norm ◽  
The Law ◽  
Article 50 ◽  
Jus Cogens ◽  
International Law Commission ◽  
Law Commission

Article 50 of the Draft Articles on the Law of Treaties, which were presented by the International Law Commission to the General Assembly in 1966 and which the General Assembly has referred, as the basic proposal for consideration, to the international conference of plenipotentiaries, provides under the heading “Treaties conflicting with a peremptory norm of general international law (jus cogens)” that: A treaty is void if it conflicts with a peremptory norm of general international law from which no derogation is permitted and which can be modified only by a subsequent norm of general international law having the same character.

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.

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.

Crimes against humanity as a peremptory norm of general international law (jus cogens): There really is no doubt? But so what?

2020 ◽  
Vol 2020 ◽  
pp. 1-14
Author(s):  
Dire Tladi
Keyword(s):  
International Law ◽  
Crimes Against Humanity ◽  
Peremptory Norm ◽  
Jus Cogens ◽  
International Law Commission ◽  
Peremptory Norms ◽  
Law Commission

In 2019 the International Law Commission adopted two texts providing for the peremptory character of the prohibition of crimes against humanity, namely the draft articles on the prevention and punishment of crimes against humanity and the draft conclusions on peremptory norms of general international law. While both of these instruments recognise the peremptory character of the prohibition of crimes against humanity, neither of them address the consequences of the peremptory character of the prohibition of crimes against humanity. This article, on the basis, inter alia, of the internal processes leading to the adoption of these instruments, addresses the consequences of the peremptory character of the prohibition of crimes against humanity.

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.

State Immunity Jus Cogens

2006 ◽  
Vol 55 (2) ◽  
pp. 437-446 ◽  
Author(s):  
Lorna McGregor
Keyword(s):  
International Law ◽  
Working Group ◽  
General Assembly ◽  
State Immunity ◽  
Jus Cogens ◽  
International Law Commission ◽  
Law Commission

The General Assembly first proposed that the International Law Commission look into the issue of state immunity in 1977. As State immunity, by its very nature, sits at the interface between traditional and contemporary notions of international law, the span of the negotiations over three decades inevitably exposed the resulting Convention to gaps and inconsistencies with evolving areas of international law. In 1999 the International Law Commission established a Working Group on Jurisdictional immunities of States and their property,

3 The Law of Treaties

2021 ◽  
Author(s):  
Shelton Dinah
Keyword(s):  
International Law ◽  
Special Rapporteur ◽  
The Third ◽  
Positive Law ◽  
The Law ◽  
Definition Of ◽  
Jus Cogens ◽  
International Law Commission ◽  
Peremptory Norms ◽  
Law Commission

This chapter discusses how peremptory norms/jus cogens entered positive law with the Vienna treaties on treaties. Jus cogens was first included in the work of the International Law Commission (ILC) with the Third Report of G.G. Fitzmaurice, Special Rapporteur on the Law of Treaties, under the heading ‘legality of the object’. The first two special rapporteurs on the law of treaties supported the notion of peremptory norms in international law. During ILC work on the law of treaties, however, most of the members joined the ILC’s fourth special rapporteur on treaty law, Sir Humphrey Waldock, who sought to reconcile jus cogens with the doctrine of positivism. They spent little time speculating on the origin of jus cogens. The final ILC draft on the law of treaties was produced by Waldock. The work of the ILC on the law of treaties was based essentially on the notion of barring illegal agreements as a general principle of law. The chapter then provides a definition of jus cogens norms.

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.

Jus Dispositivum and Jus Cogens in International Law

1966 ◽  
Vol 60 (1) ◽  
pp. 55-63 ◽  
Author(s):  
Alfred Veedross
Keyword(s):  
International Law ◽  
Draft Convention ◽  
The Law ◽  
Jus Cogens ◽  
International Law Commission ◽  
Law Commission

Nearly three decades ago I published in this JOURNAL an article in which I tried to prove that even in international law there exist rules having the character of jus cogens; i.e., norms with which treaties must not conflict. Since my eminent colleague in the International Law Commission, Ambassador Tabibi, mentioned in a meeting of this Commission that the view expressed in my article “foreshadowed the solution” embodied in Article 37 of the Commission’s draft Convention on the Law of Treaties concerning the problem of jus cogens in international law, I feel obliged to defend this draft against the criticism directed against it by the eminent English lawyer, Professor Georg Schwarzenberger.

The Depositary of International Treaties

1967 ◽  
Vol 61 (4) ◽  
pp. 923-945 ◽  
Author(s):  
Shabtai Rosenne
Keyword(s):  
United Nations ◽  
International Law ◽  
General Assembly ◽  
Special Rapporteur ◽  
International Treaties ◽  
International Treaty ◽  
The United Nations ◽  
The Law ◽  
International Law Commission ◽  
Law Commission

The Draft Articles on the Law of Treaties completed in 1966 by the International Law Commission and submitted to the General Assembly of the United Nations, on the basis of proposals by the Special Rapporteur, Sir Humphrey Waldock, contain, in Part VII (entitled “Depositaries, Notifications, Corrections and Registration”), three articles—Articles 71, 72 and 73—dealing directly with the depositary of an international treaty; and throughout the Draft Articles are to be found other provisions which directly or indirectly relate to the same institution of contemporary international law and relations.

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