International Law Commission of the UN
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This research paper discusses the International Law Commission (ILC or Commission) of the General Assembly (GA) of the United Nations (UN). This overview will focus on its mission, historical origins, composition and membership, functions, standards and accomplishments. During its first decade and a half, ILC made significant contributions to the codification of existing international law and to its progressive development. Since roughly the early 1960s, it has continued its important codification work, but has contributed little of significance to the development of international law in areas of concern to the international community. This relative decline in the effectiveness of ILC is due to changes in the makeup and political agenda of GA and its Sixth Committee which provides oversight over ILC and external funding and staffing constraints but also to internal deficiencies of ILC itself, including its reluctance to expand the scope of its activities and to modernize some of its working methods and procedures. Article 13, para. 1a. of the UN Charter provides: "The General Assembly shall initiate studies and make recommendations for the purpose of . . . promoting international cooperation in the political field and encourage the progressive development of international law and its codification." ILC was created by GA Resolution 174 (II) on November 21, 1947. Its first members were selected on November 3, 1948
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ccomplishments during this period were its work in producing draft treaties and conventions, such as the law on diplomatic relations, on the law of treaties and various conventions on the law of the seas. The International Court of Justice (ICJ) in the Hague called the Vienna Conventions on diplomatic and the 1963 convention on consular relations, also drafted by ILC, "of cardinal importance for the maintenance of good relations between States in the interdependent world of today." According to the UN's 1997 report on ILC, speaking of the 1969 Vienna Convention on the Law of Treaties, "on a large number of occasions now, the rules which many of its provisions lay down have been declared to possess the status of customary (general) international law by the International Court of Justice, by regional courts and commissions and by various arbitral tribunals, as well as by United Nations treaty-bodies."
Equally important were other drafts which according to Graefrath, "have had a long-term effect on the development of international law," including one on the rights and duties of States, the Nuremberg Code principles, and the Model Rules of Arbitral Procedure. Codification of rules of international law in these areas generally me
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Approximate Word count = 3601
Approximate Pages = 14 (250 words per page)
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