The Work of the Sixth Committee at the Forty-seventh Session of the UN General Assembly

1993 ◽  
Vol 87 (2) ◽  
pp. 306-323 ◽  
Author(s):  
Virginia Morris ◽  
M. Christiane Bourloyannis
Keyword(s):  
United Nations ◽  
International Law ◽  
Annual Reports ◽  
General Assembly ◽  
Advisory Opinion ◽  
Humanitarian Law ◽  
Sovereign Immunity ◽  
Trade Law ◽  
The United Nations ◽  
Extraterritorial Jurisdiction

At the forty-seventh session of the General Assembly, the Sixth Committee1reviewed the annual reports of the International Law Commission (ILC), the United Nations Commission on International Trade Law (UNCITRAL), the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization (Charter Committee), and the Committee on Relations with the Host Country. The Sixth Committee also considered proposals for new legal instruments relating to some aspects of sovereign immunity, consular functions, the diplomatic courier and bag, and environmental protection in wartime; a proposal to request an advisory opinion from the International Court of Justice on questions relating to extraterritorial jurisdiction; and aspects of such other topics as national liberation movements, humanitarian law, protection of diplomats, and the United Nations Decade of International Law.

The Work of the Sixth Committee at the Forty-eighth Session of the UN General Assembly

1994 ◽  
Vol 88 (2) ◽  
pp. 343-360
Author(s):  
Virginia Morris ◽  
M.-Christiane Bourloyannis-Vrailas
Keyword(s):  
United Nations ◽  
International Law ◽  
Host Country ◽  
International Terrorism ◽  
Annual Reports ◽  
General Assembly ◽  
Advisory Opinion ◽  
Special Committee ◽  
Economic Relations ◽  
The United Nations

At the forty-eighth session of the General Assembly, the Sixth (Legal) Committee reviewed the annual reports of the International Law Commission (ILC), the United Nations Commission on International Trade Law (UNCITRAL), the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization (Special Committee), and the Committee on Relations with the Host Country (Host Country Committee). The Sixth Committee also considered proposals for two new legal instruments relating to (1) the jurisdictional immunities of states and their property, and (2) the safety and security of United Nations personnel. Other items covered by the committee included a proposal to request an advisory opinion from the International Court of Justice on questions regarding extraterritorial jurisdiction, as well as topics concerning international terrorism, economic relations, procedural aspects of the United Nations Administrative Tribunal and the United Nations Decade of International Law (Decade).

The Work of the Sixth Committee at the Fifty-Second Session of the UN General Assembly

1998 ◽  
Vol 92 (3) ◽  
pp. 568-576
Author(s):  
Virginia Morris ◽  
M.-Christiane Bourloyannis-Vrailas
Keyword(s):  
United Nations ◽  
International Law ◽  
Host Country ◽  
Criminal Court ◽  
International Terrorism ◽  
Annual Reports ◽  
General Assembly ◽  
Special Committee ◽  
Trade Law ◽  
The United Nations

At the fifty-second session of the General Assembly, the Sixth (Legal) Committee reviewed the annual reports of the International Law Commission (ILC), the United Nations Commission on International Trade Law (UNCITRAL), the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization (Special Committee) and the Committee on Relations with the Host Country (Host Country Committee). The Sixth Committee also considered proposals for three new legal instruments relating to (1) the establishment of a permanent international criminal court, (2) international terrorism and (3) jurisdictional immunities of states and their property, as well as other topics concerning the United Nations internal justice system, the United Nations Decade of International Law (Decade) and the United Nations Programme of Assistance in the Teaching, Study, Dissemination and Wider Appreciation of International Law. The topics are discussed in the order in which they were considered by the committee.

The Work of the Sixth Committee at the Fifty-First Session of the UN General Assembly

1997 ◽  
Vol 91 (3) ◽  
pp. 542-554
Author(s):  
Virginia Morris ◽  
M.-Christiane Bourloyannis-Vrailas
Keyword(s):  
United Nations ◽  
International Law ◽  
Host Country ◽  
Criminal Court ◽  
International Terrorism ◽  
Annual Reports ◽  
General Assembly ◽  
Special Committee ◽  
The United Nations ◽  
First Session

At the fifty-first session of the General Assembly, the Sixth (Legal) Committee reviewed the annual reports of the International Law Commission (ILC), the United Nations Commission on International Trade Law (UNCITRAL), the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization (Special Committee) and the Committee on Relations with the Host Country (Host Country Committee). The Sixth Committee also considered proposals for two new legal instruments relating to (1) the establishment of a permanent international criminal court, and (2) the non-navigational uses of international watercourses, as well as other topics concerning international terrorism, international humanitarian law, diplomatic and consular law, the United Nations internal justice system, the United Nations Decade of International Law (Decade) and the “New International Economic Order.” The topics are discussed in the order in which they were considered by the committee.

2 Legal Powers, 2.3 Certain Expenses of the United Nations (Article 17, paragraph 2, of the Charter) , International Court of Justice, Advisory Opinion, [1962] ICJ Rep 151

2016 ◽  
Author(s):  
Wouters Jan ◽  
Odermatt Jed
Keyword(s):  
United Nations ◽  
International Law ◽  
General Assembly ◽  
Advisory Opinion ◽  
International Court Of Justice ◽  
International Court ◽  
Treaty Interpretation ◽  
Un General Assembly ◽  
The United Nations ◽  
Peacekeeping Missions

The International Court of Justice’s 1962 Advisory Opinion Certain Expenses of the United Nations relates to a relatively narrow legal question. The Court was asked to decide whether expenses authoriszed by the UN General Assembly relating to peacekeeping missions constituted ‘expenses of the organization’ according to art. 17(2) of the UN Charter. In deciding this question, the Court elaborates on some important issues for international law and the law of international organizations including the doctrine of implied powers, treaty interpretation in the context of the UN Charter, the doctrine of ultra vires, and the Court’s relationship with other UN organs. The opinion also has consequences for the UN General Assembly, including its role in the system of collective security, its budgetary powers, and its relationship with the UN Security Council. The chapter not only examines the Court’s reasoning but also discusses the wider significance of the case for international law.

Part 3 The United Nations: What it Does, 25 Promotion of International Law

2017 ◽  
Author(s):  
Higgins Dame Rosalyn, DBE, QC ◽  
Webb Philippa ◽  
Akande Dapo ◽  
Sivakumaran Sandesh ◽  
Sloan James
Keyword(s):  
United Nations ◽  
International Law ◽  
Ad Hoc ◽  
Secretary General ◽  
General Assembly ◽  
Progressive Development ◽  
Trade Law ◽  
International Trade Law ◽  
The United Nations ◽  
International Law Commission

The General Assembly is the most important organ for the promotion of international law. Article 13(1)(a) of the UN Charter provides that the Assembly ‘shall initiate studies and make recommendations for the purpose of: a. promoting international co-operation in the political field and encouraging the progressive development of international law and its codification … ’. The General Assembly works closely with the International Law Commission (ILC) and its Sixth Committee, Ad Hoc Committees, the Secretary-General and specialist entities such as the United Nations Commission on International Trade Law (UNCITRAL). This chapter discusses the role of the ILC, its relationship with the General Assembly, the Sixth Committee, and relationship with other bodies; the Sixth Committee and the promotion of international law; the Secretary-General and the promotion of international law; UNCITRAL; the Law of the Sea; promotion of treaties; legal resources and training; and promotion of themes relevant to the UN’s work.

scholarly journals Comment on the advisory opinion of the International Court of Justice on the legality of the threat to use nuclear weapons in 1996: التعليق على فتوى محكمة العدل الدولية في مدى مشروعية التهديد  باستخدام الأسلحة النووية عام 1996م

2020 ◽  
Vol 4 (13) ◽  
Author(s):  
Esam Elden Mohammed Ibrahim
Keyword(s):  
United Nations ◽  
Nuclear Weapons ◽  
Advisory Opinion ◽  
Humanitarian Law ◽  
International Peace ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
Peace And Security ◽  
The United Nations

The International Court of Justice had the opportunity to establish the principles of international humanitarian law and restrict the use or threat of nuclear weapons, on the occasion of its fatwa, on the legality of the threat or use of nuclear weapons at the request of the United Nations General Assembly, after realizing that the continued development of nuclear weapons exposes humanity to great risks, and its request It states, "Is the threat or use of nuclear weapons in any circumstance permissible under the rules of international law" (Atalm, 1996), (Shahab, 2000), Therefore, the comment seeks to answer the question: What is the legality of possession, production and development of nuclear weapons? What is the extent of the legality of the threat to use it in light of the advisory opinion of the International Court of Justice in this regard? Was the decision of the International Court of Justice in favor of documenting the principles of international humanitarian law and international human rights law? Or was it biased in its decision to the interests of a particular class itself? The researcher used in that descriptive, descriptive and critical analytical method, and the results that lead to criticism of the work of the International Court of Justice in this regard were reached on the premise that they tended towards tipping the political nature of the issue presented to it under the pressures and directions of the major nuclear states and this strengthens my criticism to the United Nations that I see It only works for the benefit of the major powers under the auspices of the Security Council by veto (right to veto) at a time when the Security Council itself is responsible for maintaining international peace and security, just as it can be said that the United Nations does not work for the benefit of mankind but works for the five major countries Even with regard to nuclear weapons Regardless of whether or not there was a threat to international peace and security. From this standpoint, the researcher reached several recommendations, the most important of which is the necessity of the independence of the International Court of Justice in its work from the political considerations of member states, especially the major countries, as a step to establish and support international peace and security in a practical way in practice. The United Nations should also reconsider what is known as a veto, which is and it is rightly one of the most important and most important measures that truly threaten international peace and security.

A Note on the ICJ Advisory Opinion on Kosovo

2010 ◽  
Vol 11 (7-8) ◽  
pp. 867-880 ◽  
Author(s):  
Robert Muharremi
Keyword(s):  
United Nations ◽  
International Law ◽  
General Assembly ◽  
Advisory Opinion ◽  
International Court Of Justice ◽  
Declaration Of Independence ◽  
Court Of Justice ◽  
International Court ◽  
Unilateral Declaration ◽  
The Icj

On 22 July 2010, the International Court of Justice (hereinafter the “ICJ”) delivered its advisory opinion on the accordance with international law of the unilateral declaration of independence in respect of Kosovo. The ICJ concluded that the declaration of independence dated 17 February 2008 did not violate any applicable rule of international law consisting of general international law, UNSC resolution 1244 (1999) (hereinafter the “Resolution 1244”) and the Constitutional Framework for Provisional Self-Government in Kosovo (hereinafter the “Constitutional Framework”). The ICJ delivered the advisory opinion in response to a question set out in resolution 63/3 dated 8 October 2008 of the General Assembly of the United Nations Organization (hereinafter the “General Assembly”), which asked if “the unilateral declaration of independence by the Provisional Institutions of Self-Government of Kosovo is in accordance with international law.”

“Convention on the Safety of United Nations and Associated Personnel”: Presentation and analysis

1995 ◽  
Vol 35 (309) ◽  
pp. 638-666 ◽  
Author(s):  
Antoine Bouvier
Keyword(s):  
United Nations ◽  
International Law ◽  
Ad Hoc ◽  
General Assembly ◽  
Progressive Development ◽  
United Nations General ◽  
Fast Pace ◽  
United Nations General Assembly ◽  
The United Nations

On 9 December 1994 the United Nations General Assembly adopted by consensus the Convention on the Safety of United Nations and Associated Personnel. In so doing it completed a process of codification and progressive development of international law at an unusually fast pace, considering that the Ad Hoc Committee entrusted by the 48th General Assembly (1993) with drafting the Convention took less than nine months to complete its task.

Convention on the Law of the Non-Navigational Uses of International Watercourses

1997 ◽  
Vol 10 (3) ◽  
pp. 501-508 ◽  
Author(s):  
Malgosia Fitzmaurice
Keyword(s):  
United Nations ◽  
International Law ◽  
Working Group ◽  
General Assembly ◽  
United Nations General ◽  
United Nations General Assembly ◽  
The United Nations ◽  
The Law ◽  
International Law Commission ◽  
Final Text

On 11 April 1997, the text of the Convention on the Law of the Non-Navigational Uses of International Watercourses was presented by the Working Group of the Whole (WG) of the United Nations General Assembly Sixth Committee to the United Nations General Assembly (UNGA). This Convention is based on the 1994 Draft Articles on the same topic prepared by the International Law Commission (ILC). These Draft Articles were approved on second reading by the ILC during its 46th session in 1994 and subsequently submitted to the 49th session of the UNGA in 1994 for consideration by states. By its Resolution 49/52, the UNGA invited states to present written submissions to comment on the Draft Articles and at the same time it proposed that a working group on the whole of the UNGA Sixth Committee be established to convene during the 51st session of UNGA (September-December 1996) to elaborate the text for a convention. During its first session, the WG did not manage to accomplish this task. The final text submitted to the UNGA on 11 April 1997 was the result of the second session of the WG which had deliberated during the period from 24 March to 4 April 1997.

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