Commission Du Droit International Cinquante Ans Après

Commission Du Droit International Cinquante Ans Après
Author: United Nations. International Law Commission
Publisher: United Nations = Nations Unies
Total Pages: 214
Release: 2000
Genre: International law
ISBN: 9789210330817

The International Law Commission (ILC) marked its fiftieth anniversary in 1997. To celebrate this a two-day seminar was held in Geneva on 21-22 April 1998. This publication contains the proceedings of this seminar that took the form of successive discussions of six topics pertaining to the core theme of evaluation of the Commission and its achievements after fifty years. At the seminar panellists made a presentation on their individual topics, and this was followed by comments from other designated panellists. This publication also contains two annexes: the first contains the present membership of the ILC; and the second contains the Statute of the Commission.

The Rule of Law in International Affairs

The Rule of Law in International Affairs
Author: Ian Brownlie
Publisher: Martinus Nijhoff Publishers
Total Pages: 264
Release: 1998-08-26
Genre: Law
ISBN: 9789041110688

This volume consists of a carefully edited version of the General Course on Public International Law delivered at the Hague Academy of International Law to commemorate the fiftieth anniversary of the foundation of the United Nations. The author brings to them not only his background of academic distinction, but his experience as a practitioner concerned with major international legal issues. The rule of law in international affairs is a question of perennial concern but it is of greater moment these days for a number of reasons. The active agenda of the Security Council and its relative solidarity creates a paradox. Its increased political power is a source of hope but the modalities of the exercise of power present problems of principle and of legal concern. Another area of concern is the International Court, which has had a successful record since the early eighties and provides one of the guarantees of the maintenance of legality. Recent successes of the Court include the effective resolution of the territorial dispute between Chad and Libya. The general level of compliance with its decisions by States is impressive. Yet its success is matched not by encouragement and enhancement of its facilities but by United Nations financial constraints which hinder its work and, ultimately, may threaten its independence in relation to the political organs of the United Nations.

The Making of International Law

The Making of International Law
Author: Alan Boyle
Publisher: OUP Oxford
Total Pages: 368
Release: 2007-02-22
Genre: Law
ISBN: 0191021768

This is a study of the principal negotiating processes and law-making tools through which contemporary international law is made. It does not seek to give an account of the traditional - and untraditional - sources and theories of international law, but rather to identify the processes, participants and instruments employed in the making of international law. It accordingly examines some of the mechanisms and procedures whereby new rules of law are created or old rules are amended or abrogated. It concentrates on the UN, other international organisations, diplomatic conferences, codification bodies, NGOs, and courts. Every society perceives the need to differentiate between its legal norms and other norms controlling social, economic and political behaviour. But unlike domestic legal systems where this distinction is typically determined by constitutional provisions, the decentralised nature of the international legal system makes this a complex and contested issue. Moreover, contemporary international law is often the product of a subtle and evolving interplay of law-making instruments, both binding and non-binding, and of customary law and general principles. Only in this broader context can the significance of so-called 'soft law' and multilateral treaties be fully appreciated. An important question posed by any examination of international law-making structures is the extent to which we can or should make judgments about their legitimacy and coherence, and if so in what terms. Put simply, a law-making process perceived to be illegitimate or incoherent is more likely to be an ineffective process. From this perspective, the assumption of law-making power by the UN Security Council offers unique advantages of speed and universality, but it also poses a particular challenge to the development of a more open and participatory process observable in other international law-making bodies.

Making Better International Law

Making Better International Law
Author:
Publisher:
Total Pages: 472
Release: 1998
Genre: Law
ISBN:

This publication contains the texts of the papers presented at the UN Colloquium, together with a record of those presentations and of the discussions which took place around them.

State Responsibility in International Law

State Responsibility in International Law
Author: René Provost
Publisher: Routledge
Total Pages: 589
Release: 2017-03-02
Genre: Law
ISBN: 1351898035

In the wake of the adoption by the International Law Commission of a complete set of articles on state responsibility in international law in 2001, this collection assembles a number of essays tracing key debates which have marked the evolution of this field over the last fifty years. These include explorations of the general theory of state responsibility (link between ’primary’ and ’secondary’ rules, the place of due diligence, the link between liability and wrongfulness), the consequences of an internationally wrongful act (nature of remedies, suitability of countermeasures, third states and the shift from bilateralism to community interests in the law of state responsibility), the debate over criminalizing state responsibility, and the continuing relevance of the law of injuries to aliens. The collection also contains a series of essays offering critical perspectives on state responsibility, including feminist and developing world perspectives. It is completed by an extensive and up-to-date bibliography.